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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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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