bowlinger qua bowlinger

Aquaslide-N-Dive went bankrupt, and the Grzybowskis followed them to court with their claim:

On or about July 14, 1984, David Grzybowski, appellant, was severely injured as a result of sliding down a slide into his swimming pool. It is alleged that the slide in question was manufactured by the debtor, Aquaslide. Neither the briefs nor excerpts of record describe the accident, except to say that he hit his head on the bottom of the pool and was rendered quadriplegic. On or about October 7, 1985, David M. and Marjorie Grzybowski filed a personal injury and products liability claim in Milwaukee County in the state of Wisconsin against numerous parties, one of whom was Aquaslide. It was asserted that Aquaslide was negligent and designed, manufactured and sold an unreasonably dangerous product. Prior to that date, Aquaslide had filed a Chapter 11 petition in the United States Bankruptcy Court.

Mr. Grzybowski bought his slide in the spring of 1977 at the residential home of a man who had advertised his wares in the classified advertisements of Mr. Grzybowski’s local newspaper. The slide was in a box which Mr. Grzybowski had not saved. In his deposition, he testified that he thought the box said “Slide ‘N’ Dive.” He also testified that he can no longer find the home of the man from whom he purchased the slide.

The slide in question contained no identification, no serial number, no manufacturer’s name or other identifying marks which would designate a specific manufacturer. The Grzybowski’s filed a proof of claim against Aquaslide in the amount of $27,000,000. Carl Meyer, President of Aquaslide and designer of the Aquaslide Duke Curve Slide, inspected the slide in question and compared it in minute detail to the slide manufactured by Aquaslide. In his declaration he states unequivocably that Aquaslide did not design, manufacture, sell, or distribute the slide in question.

Aquaslide filed an objection to the allowance of the claim of the Grzybowskis contending that there was no basis in law or fact for the claim. After reading the affidavits submitted by the parties and deposition of Mr. Grzybowski, the court disallowed the claim. The Grzybowskis appealed.
In re Aquaslide ‘N’ Dive Corp., 85 B.R. 545, 546 (B.A.P. 9th Cir. Cal. 1987)

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