The plaintiff asserted claims against an LLC and two employees thereof. The plaintiff alleged that it hired the LLC to maintain a swimming pool. It was alleged that the swimming pool popped out of the ground due to a buildup of hydrostatic forces under the pool.
The court grants the Motion to Strike filed by Attorney Peter K. O’Keefe on behalf of the individual defendants, noting that individual defendants did not enter into a contract with the plaintiff. The court further noted that the Complaint failed to allege that a statute gave rise to any duty of care. The court concluded that the plaintiffs had failed to allege a factual basis to impose a duty of care on individual employees who were not a party to the contract.
Hoberman v. Top Notch Pool Service, CV15-6059640 (03/23/16)