SAPP v. MORTON BLDGS., INC.

No. 91-2078.

973 F.2d 539 (1992)

Harry T. SAPP, Jr., also known as Tom Sapp, individually, Plaintiff-Appellant, v. MORTON BUILDINGS, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 1992.


Attorney(s) appearing for the Case

Lex Venditti, William S. Spangler, Sr. (argued), Steven A. Johnson, Spangler, Johnson & Associates, Merrillville, Ind., for plaintiff-appellant.

Gregory S. Bell, Sutkowski & Washkuhn, Peoria, Ill., Terrence L. Smith (argued), Smith & Debonis, East Chicago, Ind., for defendant-appellee.

Before WOOD, Jr., COFFEY, Circuit Judges and CURRAN, District Judge.


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...

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