Harry T. Sapp, Jr., Also Known as Tom Sapp, Individually v. Morton Buildings, Incorporated

COFFEY, Circuit Judge.

Harry T. Sapp, Jr. (“Sapp”) filed this diversity action against Morton Buildings, Inc. (“Morton”) seeking damages for the death of a quarter horse, “MBJ Tuff to Beat”. Sapp alleged that Morton was liable for the horse’s death under a strict liability theory pursuant to the Indiana Product Liability Act, Ind.Code § 33-1-1.5-1 et seq. (West 1991) (“Act”) or, alternatively, under a theory of negligence. Because Sapp failed to make out a prima facie case under the Act, the district court submitted the ease to the jury on the negligence theory only. The jury returned a…