Civil Procedure Keyed to Cound
Beeck v. Aquaslide ‘n’ Dive Corp
Kimberly Village Homeowner Association ordered an Aquaslide product from Bolt, who forwarded the order to Sentry Pool and Chemical Supply Co., who forwarded the order to Purity Swimming Pool Supply. A slide was delivered from Purity to Kimberly, and was installed by Kimberly employees. An accident happened when Beeck, the plaintiff, was using the slide in question and suffered severe injuries. Plaintiff was at a social gathering sponsored by Harker, his employer. Kimberly’s insurer notified Aquaslide ‘n’ Dive Corp., Defendant, that the slide was involved with the accident. Defendant’s insurer investigated the incident and determined that the slide was manufactured by Defendant. In addition, Harker and Kimberly’s insurers also determined the slide was manufactured by Defendant. Subsequently, Beeck and his wife, Plaintiffs, sued Defendant for personal injuries suffered in the slide accident. Based on the insurers’ determinations that Defendant manufactured the slide, Defendant admitted it manufactured the slide in its answer to Plaintiff’s complaint. Six and a half months after the statute of limitations ran on Plaintiff’s claim, Defendant’s president determined that the slide was not manufactured by Defendant. Defendant sought leave to amend its answer and deny manufacturing the slide. The District Court granted such leave and Plaintiffs’ appealed.
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