# McCormick v. Custom Pools, Inc.

> Court of Appeals of Minnesota · November 5, 1985 · 376 N.W.2d 471

URL: https://www.frixlaw.com/law-library/cases/9883922

## Case

- **Full name:** Larry McCORMICK, Appellant, v. CUSTOM POOLS, INC., Clayton and Lambert Manufacturing Company, Respondents
- **Court:** Court of Appeals of Minnesota
- **Decided:** November 5, 1985
- **Citations:** 376 N.W.2d 471; 1985 Minn. App. LEXIS 4779
- **Precedential status:** Published
- **Opinion:** Dissent by Parker
- **Judges:** Heard
- **Cited by:** 21 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9883922

## How later opinions describe it (automated extraction)

- holding that where additional discovery sought in a products-liability case addressed product’s defects and for purposes of summary judgment district court assumed all defects alleged, additional discovery would not have aided district court in causation determination

## Opinion text

PARKER, Judge
(dissenting).
I respectfully dissent.
If, as appellant’s expert asserts, the manufacturers and installers of swimming pools are in possession of empirical data establishing that diving into the shallow end of pools is substantially more dangerous than is generally known, the sale of such instruments without appropriate warnings would justify imposition of liability upon the possessors of the special knowledge.
Paraplegia and quadraplegia are common injuries to persons laboring under the misapprehension that “flat diving” is reasonably safe in the shallow end of a backyard pool. An appropriate description to be applied to an enterprise fostering such tragedy in seeking profit was used by a federal judge of this district; it is “corporate irresponsibility at its meanest.” This case should not be decided on summary judgment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9883922. Public record. Not legal advice.