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MORRIS v. COLECO INDUSTRIES

Civ. A. No. 83-0662-R.

587 F.Supp. 8 (1984)

Michael MORRIS v. COLECO INDUSTRIES, etc., et al.

United States District Court, E.D. Virginia, Richmond Division.

March 16, 1984.

Attorney(s) appearing for the Case

Rudy, Gill, Keown & Dicks, William Keown, Thomas S. Winston, III, Chesterfield, Va., Ronald R. Gilbert, Detroit, Mich., for plaintiffs.

J.W. Morris, III and John M. Claytor, Browder, Russell, Morris & Butcher, Richmond, Va., for Coleco Industries and Lomart Industries.

Barry A. Hackney and John R. Walk, Hirschler, Fleischer, Weinberg, Cox & Allen, Richmond, Va., for defendants.

Lawrence H. Framme, III, Beverly C. Powell, Mezzullo, McCandlish & Framme, Richmond, Va., for National Spa & Pool Institute.

OPINION

WARRINER, District Judge.

Although the complaint uses at least forty words where one would have better stated the claim, I gather that plaintiff, a teenager at the time, dove head-first into an above-ground four foot swimming pool and severely injured himself. There being no diversity an action was filed in State court against the several designers, manufacturers, retailers, and a trade association seeking damages.

Simultaneously an action...

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