A Long Island man, Thomas Arnold, detected a malfunction in his swimming pool pump, recently installed at his East Yaphank home by Swim King Pools. Arnold called Swim King pools and advised them of the defect and that the pump's sandy filter media was being expelled into the pool. A representative reportedly advised him to tighten one of the pump's clamps to remedy the problem. Upon doing so and after reactivating the pump, the pump's lid allegedly blasted off striking Arnold in the face. Arnold sued, among others, Swim King Pools claiming negligent installation of the pump and negligence in failing to properly instruct him on how to fix the pump.
Plaintiff sustained a laceration to his face, extending from his forehead down across his nose and right cheek, with claimed significant residual scarring. Plaintiff further maintained that he sustained brain damage with resultant persistent vertigo, headaches and impaired balance.
Defendant maintained that they were not negligent, in that proper maintenance was exlplained upon installation of the pool. Further, that all purchasers receive a manual explaining how to deactivate and reactivate the pump. As to plaintiff's injuries, defendant denied the existence of brain injury and maintained that plaintiff's scar healed well.
The parties negotiated a pre-trial settlement in the amount of $150,000.
Long Island Lawyer
Paul A. Lauto, Esq.