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SMITH v. HUB MFG., INC.

No. 83-CV-522.

634 F.Supp. 1505 (1986)

Geoffrey SMITH and Linda Smith, Individually, and Geoffrey Smith as Administrator of the Estate of Adam Smith, Plaintiffs, v. HUB MANUFACTURING, INC. and Lincoln Manufacturing Company, Inc., Defendants. HUB MANUFACTURING, INC., Defendant/Third-Party Plaintiff, v. Kenneth W. BEIJEN and Margaret Beijen, Third-Party Defendants. Kenneth W. BEIJEN and Margaret Beijen, Third-Party Defendants/Fourth-Party Plaintiffs, v. PACIFIC POOLS OF ALBANY, INC., Fourth-Party Defendant.

United States District Court, N.D. New York.

May 22, 1986.

Attorney(s) appearing for the Case

Levene, Gouldin & Thompson, Binghamton, N.Y., John Scarzafava, Oneonta, N.Y., for plaintiffs; John J. Pollock, of counsel.

Law Firm of Thomas O'Connor, Binghamton, N.Y., for defendant Hub Mfg., Inc.; James C. Gacioch, of counsel.

Coughlin & Gerhart, Binghamton, N.Y., for defendant Lincoln Mfg. Co., Inc.; Richard B. Long, of counsel.

Louis S. Petrone, Utica, N.Y., for third-party defendants Kenneth W. and Margaret Beijen.

Hancock & Estabrook, Syracuse, N.Y., for fourth-party defendants Pacific Pools of Albany, Inc.; Walter L. Meagher, Jr., of counsel.

MEMORANDUM-DECISION AND ORDER

MUNSON, Chief Judge.

I. FACTS

On July 4, 1982 Geoffrey and Linda Smith and their four-year-old son Adam were at a party at the home of their friends the Beijins. Adam fell into the Beijins' above-ground swimming pool while alone and was found unconscious in the pool. He never regained consciousness and died almost two years later.

The Smiths seek damages for Adam's injury and death. In their complaint against...

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