Anthony Pools, Div. of Anthony Industries, Inc. v. Sheehan

455 A.2d 434

 

RULE:

The Court of Appeals of Maryland holds that where, as part of a commercial transaction, consumer goods are sold which retain their character as consumer goods after completion of the performance promised to the consumer, and where monetary loss or personal injury is claimed to have resulted from a defect in the consumer goods, the provisions of the Maryland Uniform Commercial Code dealing with implied warranties apply to the consumer goods, even if the transaction is predominately one for the rendering of consumer services

FACTS:

Plaintiffs commenced an action to recover for personal injuries sustained on the diving board of their new swimming pool. The pool and diving board were designed and manufactured by defendant. The diving board was installed as part of the swimming pool transaction. The trial court directed a verdict for defendant on grounds that the written contract between the parties conspicuously provided that the express warranties it contained were in lieu of any other warranties, express or implied. Plaintiffs appealed the judgment, which was reversed and remanded for a new trial. Defendant appealed the reversal.

ISSUE:

Did the trial court err in relying on a contractual disclaimer as a basis for ruling in favor of defendant?

ANSWER:

Yes.

CONCLUSION:

The court affirmed reversal because the trial court erred in granting judgment based on the contractual limitation. The court ruled that where, as part of a commercial transaction, consumer goods were sold which retained their character as consumer goods after completion of the performance promised to the consumer, and where monetary loss or personal injury resulted from a defect in the consumer goods, the provisions of the Maryland Uniform Commercial Code dealing with implied warranties applied to the consumer goods, even if the transaction was predominately for consumer services.

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