Funston v. School Town of Munster

On Petition To Transfer from the Indiana Court of Appeals, No. 45A03-0402-CV-63

DICKSON, Justice.

Contributory negligence is generally a question of fact requiring trial by jury or court, but summary judgment may be proper where the undisputed facts and resulting inferences establish that the defendant is entitled to judgment as a matter of law. This is such a case. We affirm the trial court’s grant of summary judgment.

Howard Funston was injured when he fell from a set of bleachers while watching his son participate in an Amateur Athletic Union (AAU) basketball game at the Munster High School…