Funston v. School Town of Munster

OPINION

KIRSCH, Chief Judge.

Howard Funston ("Howard") and his wife Merry Funston (collectively "the Fun-stons") appeal the trial court's summary judgment ruling in favor of the School Town of Munster ("the School") upon the Funstons' negligence claim, which ensued after Howard fell off the back of a set of portable aluminum bleachers while attending his minor son's basketball tournament at the School. We find the following issue dispositive: whether the trial court erred when it determined that Howard was con-tributorily negligent as a matter of law.

We reverse and remand for further…