Second, John and Pilar Sheehan (plainiffs) brought suit against Anthony Pools
(defendant), after John slipped and fell off a diving board that was designed, manufactured, and installed by Anthony Pools. Anthony Pools agreed to construct and sell a swimming pool, with a diving board (optional), which was all under contract. The Sheehans filed a claim for strict liability in tort and breach or implied warranty of merchantability. The trial court sided with Anthony because of the contract warranty disclaimer. The jury found in favor of Anthony on the strict-liability claim. The Sheehans appealed. The court of special appeals found that the warranty disclaimer was ineffective because the pool is a consumer good, so they reversed and remanded.…show more content… In Anthony Pools v. Sheehan, 295 Md. 285; 35 U.C.C. Rep. Serv. 408 (1983) the issue at hand is, if consumer goods sold as part of a hybrid contract retain their character as goods after performance, and damages result from a defect in those goods, do the implied warranties of the Uniform Commercial Code apply to those goods even if the transaction is predominantly for services? The answer is, yes. The hybrid contract in this case would be a mixture of services and goods. Thus, the implied warranties of the UCC would apply even if the contract was mostly services. If the predominant-purpose test is used, then the implied warranty of merchantability under UCC § 2-314 would not apply to either, considering most the contract is for a service. Nevertheless, the diving board was not part of the pool. It was optional accessory and was movable. Thus, the diving board, considered by itself it is a good. Maryland, in adopting Maryland Uniform Commercial Code § 2-316.1, prohibits the mechanical application of the predominant-purpose test. In addition, it provides that goods, services, or both cannot contractually disclaim implied warranties. In Maryland, implied warranties can be good for goods, even on contracts that are mostly for services. In addition to this, there is the gravamen test, which considers
