Vincer v. Esther Williams All-Aluminum

This is a products liability case. The second amended complaint alleges that Curt Vincer, the injured plaintiff-appellant, who was two years old at the time of the July 13, 1970, incident, fell into a swimming pool in the backyard of the home of his grandparents, whom he was visiting. The complaint alleges that a retractable ladder to the aboveground pool had been left in the down position, that the pool was unsupervised, and that Curt climbed the ladder, fell into the water and remained there for an extended period of time, resulting in severe brain damage causing permanent and total disablement. On behalf of Curt, suing by his guardian ad litem, the complaint seeks five million dollars of damages from the manufacturer of the pool, defendant-respondent Esther Williams All-Aluminum Swimming Pool Company, and from defendant-respondent Banner Builders, Inc., who sold and installed the pool. In addition, Curts parents seek damages of one million dollars for medical expenses and loss of society and companionship. Esther Williams demurred to the complaint on the grounds of failure to state facts sufficient to constitute a cause of action, and filed a third-party action against the grandparents. The appeal is from the trial courts order and judgment sustaining the demurrer and dismissing the complaint.