MADISON - ST. CLAIR RECORD

A Madison County couple is suing a pool manufacturer for alleged breach of contract.

Cynthia E. and David Smalley of Godfrey filed a lawsuit Feb. 12 in Madison County Circuit Court against Atlantis Pools Inc., alleging negligence and consumer fraud.

According to the complaint, Atlantis Pools has constructed and maintained in-ground swimming pools for more than 30 years, and the Smalleys asked Atlantis about repainting their pool, obtained a bid in March 2013 and went forward with the project a year later.

The defendant began to drain the Smalley pool June 3, 2014, the suit states, and the swimming pool was observed on June 12, 2014, to have “popped," meaning it rose up and cracked, damaging its shell, surrounding deck, piping and general area.

Atlantis offered to repair the pool, the suit states, but failed, and informed Cindy Smalley it could not perform the repair.

The plaintiffs, who maintain the pool has been unable to hold water since June 2014, allege property damage, impairment of recreational and social activity due to the pool’s failure and cite expenses incurred in continuous refilling and draining. The complaint says Atlantis Pools is guilty of negligent repair, breach of implied warranty, violation of the Illinois Home Remodeling and Repair Act and did not carry liability insurance.

The Smallyes seek damages in excess of $50,000, plus attorney fees and costs. They are represented by attorney Bryan Schrempf of HeplerBroom in Edwardsville.

Madison County Circuit Court case number: 15-L-185.