Jackson v. Coldspring Terrace Property Owners Ass'n, 939 S.W.2d 762, 763 (Tex. App.--Houston 14th Dist. 1997, writ denied), involves allegations that the pool at Coldspring Terrace was negligently designed and did not have sufficient depth markings. The suit was brought by Robert Jackson after he was rendered a quadriplegic from diving in the pool. Id. The pool was constructed by Sam Gardner and his construction company in 1969. Id. Gardner was a licensee/franchisee of Blue Haven Pools ("BH") and was given the right to sell BH pools and equipment. Id. BH did not participate in the actual construction of the pools. Id. Jackson sued numerous defendants alleging causes of action based on the strict liability theories of negligent design, manufacture and marketing, and breach of implied warranties. Id. at 764. One such defendant, KDI, was said to be a successor-in-interest to BH. Id. Jackson tried to obtain a finding that KDI was liable for BH and Gardner's alleged negligence. Id. KDI asserted that it had nothing to do with the design and construction of the Coldspring pool and that Jackson's claims were barred by the statute of repose. Id. Fifteen years had elapsed between the construction of the Coldspring pool and Jackson's injuries. Id. at 768. Seventeen years had elapsed between the construction of the Coldspring pool and Jackson bringing the action. Id. If the statute of repose had been applicable, it would have barred Jackson's cause of action. Id. Jackson maintained the statute did not apply to KDI, because it did not actually construct the pool. Id. In Sonnier, the supreme court held that the statute of repose does not "protect those who do no more than manufacture personalty that is later transformed by third parties into an improvement." Sonnier, 909 S.W.2d at 478. In Jackson, there is no question Gardner was a manufacturer that constructed an improvement to real property, so Gardner would clearly fall within the statute's protection. Jackson, 939 S.W.2d at 768. What about KDI? KDI presented summary judgment evidence that BH did not participate in the design or construction of the pools. Id. Because Gardner was wholly responsible for any defects in design and construction of the pools, KDI and BH's liability, if any, would arise from the franchiser holding itself out as the manufacturer of the pool. Id. Gardner was the actual manufacturer of the pool; therefore, any defenses available to him are available to KDI and BH. Id.