Beeck v. Aquaslide 'N' Dive Corp.

562 F.2d 537 (8th Cir. 1977)

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Nature of the Case

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Facts

Beeck (P) filed a suit against Aquaslide (D) for severe injuries sustained from the use of a water slide. Prior to the filing, the water park, Kimberly Village, informed D that one of its Queen model slides was implicated. D forwarded notice to its insurer, and an investigation of the scene was conducted. Both the insurer and Kimberly’s investigator indicated that the slide was manufactured by D. In its answer to the lawsuit, D admitted that it manufactured the slide. After the statute of limitations had run, the president of D actually visited the site and determined that D had not manufactured the slide. D moved to amend its answer to reflect a denial of manufacture. The trial court granted the motion. A jury trial was also granted to decide the issue of manufacture, and P lost that as well. P appealed.