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HINMAN v. VALLEYCREST LANDSCAPING DEVELOPMENT

No. 22-6019.

89 F.4th 572 (2024)

Jere HINMAN, Plaintiff, v. VALLEYCREST LANDSCAPING DEVELOPMENT, INC., et al., Defendants, BrightView Landscape Development, Inc., Defendant-Third Party Plaintiff-Appellant, v. Georgia Gunite and Pool Company, Inc., Third Party Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 2, 2024.

Attorney(s) appearing for the Case

ARGUED: W. Douglas Kemper , WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP, Louisville, Kentucky, for Appellant. Isaac S. Lew , LEWIS THOMASON, P.C., Memphis, Tennessee, for Appellee. ON BRIEF: W. Douglas Kemper, WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP, Louisville, Kentucky, for Appellant. Isaac S. Lew, LEWIS THOMASON, P.C., Memphis, Tennessee, for Appellee.

LARSEN, J., delivered the opinion of the court in which BUSH and MURPHY, JJ., joined. MURPHY, J. (pp. 579-82), delivered a separate concurring opinion.

OPINION

A customer sued BrightView Landscape Development, Inc., for alleged faulty construction of a residential pool. BrightView believed that Georgia Gunite and Pool Company, Inc., a subcontractor that performed work on the pool, was liable for any damages it might have to pay the customer. So BrightView filed...

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