Menendez v. Paddock Pool Construction Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that custom designed in-ground swimming pool is not a “product” for strict liability purposes, but rejecting a per se rule excluding structural improvements to realty and acknowledging cases allowing strict liability for products incorporated into an improvement in realty
• doctrine applies only when the contractor has no discretion and merely foHows the plans and specifications provided by its employer
• “Speculation that some slight doubt, scintilla of evidence, or dispute over relevant or immaterial facts might blossom into a real controversy at tidal is insufficient to forestall summary judgment.”
• expert affidavit opposing summary judgment failed to create genuine issue of material fact where opinion expressed immaterial to legal question at issue
• “Speculation that some slight doubt, scintilla of evidence, or dispute over irrelevant or immaterial facts 6 Rule 56(f

Source: CourtListener parenthetical corpus (CC0).