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CLEVELAND INDIANS BASEBALL v. NEW HAMPSHIRE INS.

No. 12-1589.

727 F.3d 633 (2013)

CLEVELAND INDIANS BASEBALL COMPANY, L.P., Fourth-Party Plaintiff-Appellant, v. NEW HAMPSHIRE INSURANCE COMPANY, Defendant-Appellee, CSI Insurance Group, Fourth-Party Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 23, 2013.

Attorney(s) appearing for the Case

ARGUED: Michelle A. Thomas , Thomas, DeGrood & Witenoff, P.C., Southfield, Michigan, for Appellant. Trent B. Collier , Collins, Einhorn, Farrell & Ulanoff, P.C., Southfield, Michigan, for Appellee CSI. ON BRIEF: Michelle A. Thomas , Thomas, DeGrood & Witenoff, P.C., Southfield, Michigan, for Appellant. Trent B. Collier , Collins, Einhorn, Farrell & Ulanoff, P.C., Southfield, Michigan, for Appellee CSI. Jeffrey C. Gerish , New Hampshire Insurance Company, Bloomfield Hills, Michigan, for Appellee New Hampshire Insurance.

MERRITT, J., delivered the opinion of the court, in which DONALD, J., joined. CLAY, J. (pp. 643-45), delivered a separate dissenting opinion.

OPINION

MERRITT, Circuit Judge.

In this diversity case, an accident occurred at a "Kids Fun Day" event before a Cleveland Indians baseball game on June 12, 2010. Douglas Johnson and David Brown were attending the game as spectators. They were looking at an exhibit outside the Kids Zone when a large inflatable slide collapsed on them. Mr. Johnson died nine days later. This insurance dispute arises out of a lawsuit filed against the Cleveland Indians and other...

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