Ward and Pitts Granted Summary Judgment


In April 2009, Plaintiffs purchased granulated chlorine from a local swimming pool store. A store employee instructed Plaintiffs on how to mix and use the product. Plaintiffs prepared the chlorine and water mixture. Plaintiffs’ son noticed the mixture was foaming and picked up the container. The mixture exploded causing burns to Plaintiffs’ two sons. The sons had extensive medical treatment with substantial bills.

Plaintiffs sued the owner of the store, claiming that the store failed to properly instruct them on how to mix and use chlorine and that the product was sold in a defective condition. Mr. Ward and Ms. Pitts filed for summary judgment asserting contributory negligence and product misuse by Plaintiffs. The Honorable John Bush granted summary judgment on all counts.