Thursday, July 10, 2014
Ind. Decisions - 7th Circuit decides one Indiana case today
In Hartman v. EBSCO Industries (ND Ind., Springmann), a 15-page opinion, Judge Flaum writes:
Adam Hartman’s father gave him a muzzleloading rifle in 1994. Like many older muzzleloaders, the gun was designed to use black powder as a propellant. As such, the muzzleloader ignited newer, pelletized propel-lants erratically. In 2008, Hartman installed a kit on his gun—sold by KR Warranty, the maker of the rifle—that modified the muzzleloader and enabled it to ignite new propellants more reliably. The next day, Hartman was sighting in his “upgraded” muzzleloader when the gun unexpectedly discharged as he was trying to load it. The surprise firing of the weapon caused the ramrod and a patched round ball to pass through Hartman’s hands and arm, inflicting serious injury. Hartman sued KR Warranty on theories of negligence and strict liability. However, Indiana has a ten-year statute of repose for products-liability actions, and his gun was then fourteen years old. There are two exceptions to the statute, but we agree with the district court that Hartman cannot sat-isfy either of them. We affirm.
Posted by Marcia Oddi on July 10, 2014 11:19 AM
Posted to Ind. (7th Cir.) Decisions