Pool company sued for breaking fountain and lights during repair

Kelly Holleran Dec. 5, 2008, 3:57am

A Madison County couple has filed suit against Signature Pools, alleging that the company failed to properly repair their pool and destroyed a fountain in the pool and some of the pool's lights during repair work it performed.

Jo Ann and James Hrasky hired Signature Pools to install a pool at their house on 77 Woodcrest Drive in Bethalto for $34,522, according to the complaint filed Dec. 2 in Madison County Circuit Court.

Before the company installed the pool, Signature Pools was aware that the site for the pool contained fill dirt, yet the company did not perform a compaction study before installing the pool, the suit states.

The pool was completed July 3, 2007, and on May 1, the Hraskys discovered the deep end of the pool and a concrete deck surrounding the deep end had sunk six to eight inches, they claim.

Pursuant to the warranty in the contract, Signature Pools agreed to fix the pool in May, according to the complaint.

While attempting to repair the pool, the company used wooden shims to raise the pool shell, then re-stretched the existing liner over the raised end of the pool, the suit states.

After the repairs, a fountain flowing into the pool and the lights in the pool malfunctioned and continue to malfunction, the Hraskys claim.

"The pool's water level drops when the fountain is activated," the suit states.

When Signature Pools removed the old concrete deck, the company cut through or kinked the line going to the fountain and caused the light in the pool to fail and one of the lights to fill with water, according to the complaint.

Although Signature Pools is aware of the problem with the fountain, it has not fixed it, the Hraskys' claim.

"To this day the water level in the pool is not even, and the pool remains uneven with the deck," the suit states.

Even after the repairs, the pool continues to sink, according to the complaint.

"Without a permanent solution the pool will continue to sink, and the Hraskys will sustain further damage," the suit states.

Signature Pools engaged in unfair or deceptive acts or practices because it misrepresented to the Hraskys that no compaction test was necessary before installing the pool, that the pool would be installed in a workmanlike manner and that it would remedy defects in the pool, the Hraskys claim.

In the two-count suit, the couple is seeking a judgment in excess of $100,000, plus other relief the court deems appropriate.

They are represented by Donald K. Schoemaker and Matthew A. Day of Greensfelder, Hemker and Gale in Belleville.

Madison County Circuit Court case number: 08-L-1128.

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