Legal Opinion

Andrew Bourne v. Marty Gilman, Incorporated, Doing Business as Gilman Gear

Court of Appeals for the Seventh Circuit

Decided June 20, 2006No. 05-3300PublishedCited by 25 opinions

1Opinion of the Court

KANNE, Circuit Judge.

When Ball State student Andrew Bourne rushed onto a football field with a crowd that tore down a goalpost, the post fell on his back and rendered him paraplegic. He and his parents sued Gilman Gear, manufacturer of the post, in diversity under Indiana law arguing that the post was defective and unreasonably dangerous because (1) it was foreseeable that fans will tear down goalposts, (2) the average fan would not understand the extent of the risk, and (3) there are alternative designs that would reduce that risk. The district court granted summary judgment for Gil-man Gear…

2Cases cited17 opinions

  1. United States v. Carroll Towing Co.Court of Appeals for the Second Circuit · 1947
  2. prod.liab.rep. (Cch) P 15,298 Angelina and Jack McMahon v. Bunn-O-Matic Corporation, James River Paper Company, and Wincup Holdings, L.P.Court of Appeals for the Seventh Circuit · 1998
  3. Koske v. Townsend Engineering Co.Indiana Supreme Court · 1990
  4. John W. WHITTED, Plaintiff-Appellant, v. GENERAL MOTORS CORPORATION, and New United Motor Manufacturing, Inc., Defendants-AppelleesCourt of Appeals for the Seventh Circuit · 1995
  5. FMC Corp. v. BrownIndiana Supreme Court · 1990

12 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Barbara Kaiser v. Johnson & JohnsonCourt of Appeals for the Seventh Circuit · 2020
  2. Aregood v. Givaudan Flavors Corp.Court of Appeals for the Seventh Circuit · 2018
  3. Scott Weigle v. SPX CorporationCourt of Appeals for the Seventh Circuit · 2013
  4. Howard Piltch v. Ford Motor CompanyCourt of Appeals for the Seventh Circuit · 2015
  5. Hathaway v. Cintas Corporate Services, Inc.District Court, N.D. Indiana · 2012

20 more not listed; retrieve them via the Exa API.

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