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Too much time has passed for man to sue after rifle accident, 7th Circuit says

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A lawsuit against a rifle manufacturer by an injured user was filed outside Indiana’s 10-year statute of repose for products-liability actions, the 7th Circuit Court of Appeals ruled Thursday. The man’s modification to his rifle did not extend the time he had to sue.  

Adam Hartman received a muzzleloading rifle gun from his father in 1994. In 2008, Hartman installed a kit on his gun that was sold by the maker of the rifle that modified the muzzleloader and enabled it to ignite new propellants more reliably. The day after he added the kit, the gun unexpectedly discharged while he was trying to load it, causing the ramrod and a patched round ball to pass through his hands and arm.

He sued KR Warranty, the rifle and kit maker, and EBSCO Industries Inc., which had stock in KR Warranty, and another company. The District Court ruled in favor of the defendants, finding the statute of repose in Indiana barred his negligence and strict liability claims.

Hartman’s lawsuit could survive if he could prove the lawsuit fell under one of the two exceptions to the statute: where a manufacturer refurbishes a product to extend its useful life or where a defective new component is incorporated into the old product.

His lawsuit fails under the first exception because he could not show the kit he used to upgrade his rifle in 2008 extended the useful life of his gun. The judges also doubted that the statute of repose could ever be reset by a user-installed component like the conversion kit in question.

And the lawsuit also can’t survive under the second exception, the 7th Circuit pointed out. Its survival depends on testimony by Hartman’s expert, Steven Howard, that was excluded by the District Court. Howard had testified, among other things, that the upgraded conversion kit breech plug did increase the likelihood of latent embers getting trapped and prematurely igniting the newly loaded propellant. But the District Court didn’t admit this testimony because his theory wasn’t supported by evidence.

The 7th Circuit also pointed out that even if Hartman were able to survive summary judgment against KR Warranty, he would have no case against EBSCO, as that company had nothing to do with the rifle or the conversion kit.

The case is Adam Hartman v. EBSCO Industries Inc., et al, 13-3398.

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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