Anthony Pools v. Sheehan
Court of Appeals of Maryland
455 A.2d 434 (1983)
Sheehan (plaintiff) was injured falling from a diving board — an optional, movable accessory — that Anthony Pools (defendant) installed as part of a broader pool-construction contract containing a warranty disclaimer; the trial court enforced the disclaimer as to the warranty claim, but the court of special appeals reversed, finding the pool (and by extension the board) a consumer good with a non-disclaimable warranty.
Whether, 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, the implied warranties of the Uniform Commercial Code apply to those goods even if the transaction is predominantly for services.