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BOURNE v. MARTY GILMAN, INC.

No. 05-3300.

452 F.3d 632 (2006)

Andrew BOURNE, et al., Plaintiffs-Appellants, v. MARTY GILMAN, INCORPORATED, doing business as Gilman Gear, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 20, 2006.

Attorney(s) appearing for the Case

W. Scott Montross, John F. Townsend, III (argued), Townsend & Montross, Indianapolis, IN, for Plaintiffs-Appellants.

Thomas R. Schultz (argued), Donald B. Kite, Sr., Schultz & Pogue, Carmel, IN, for Defendant-Appellee.

Before CUDAHY, KANNE, and WOOD, Circuit Judges.

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...

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