Mattingly

On June 29, 1977, plaintiff and appellant herein filed three causes of action against Anthony Industries, Inc., for personal injuries sustained after a fall into a swimming pool. The causes of action alleged were negligence, strict liability, and attractive nuisance. On January 23, 1979, the respondent’s motion for summary judgment as to each of these causes of action was granted on the grounds that the plaintiff was barred by the statute of limitations pursuant to Code of Civil Procedure section 337.1. This case involves an appeal from that order.

The following issues are presented:

I

In 1963, the Kiley Corporation hired defendant and respondent, Anthony Industries, Inc., to construct a swimming pool on the premises of 2686 East 55th Way, Long Beach, California. The specifications called for an in-ground swimming pool situated in the center of a multiunit horseshoe shape apartment complex. The pool was constructed in accordance with the specifications provided by defendant Kiley Corporation. The plans and specifications did not call for the construction of a fence or barrier to surround the swimming pool. On May 2, 1963, the pool was completed and plastered and filled…