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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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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