Only in America......We will sue for anything!


PV-PRIDE

Well-Known Member
Goal post maker responds to lawsuit
By Gary Mihoces, USA TODAY

A Connecticut-based goal post manufacturer, sued by an Indiana man who was paralyzed when a goal post was toppled by fellow students following a 2001 football game at Ball State, says fan behavior is to blame ? not faulty design.
"This is not a product issue but is a case about personal responsibility and whether our society will tolerate acts of fan violence or will take the necessary steps to prevent this vandalism," said Neil Gilman, president of Marty Gilman, Inc.

With his parents as co-plaintiffs, Andrew Bourne of Liberty, Ind., filed the suit in federal court in Indiana. It alleges the goal posts were "designed and constructed in a manner which allowed them to suddenly snap and collapse," striking Bourne and causing injuries that paralyzed his legs."

Here is the text of the statement from Neil Gilman:

"We at Marty Gilman, Inc. were saddened to hear the news of the recent lawsuit that had been filed against our company by Andrew Bourne and his family. While it certainly was an unfortunate incident involving Mr. Bourne at Ball State University, it was not due to any defect in the goal post. This lawsuit is without merit.

"Our company was founded in 1929, and is the leader in providing football equipment for high schools, colleges, universities and the National Football League. We have been manufacturing goal posts since 1960. The goal post is only designed to support itself. It is merely an ornament that locates a space a ball passes through to score a goal. It is not a piece of playground equipment. The goal post provided to Ball State University was safe for its intended use. It was not designed to support a single student never mind a mob of students trying to pull it down. We are not responsible for the intentional misuse of our product.

"The lawsuit that has been filed is a reflection of the litigious society that we live in today. Unfortunately, it ignores the increased vandalism that is occurring in American sports. This is not a product issue but is a case about personal responsibility and whether our society will tolerate acts of fan violence or will take the necessary steps to prevent this vandalism.

"We will vigorously defend this lawsuit as we feel it is without merit. It is unfortunate that Mr. Bourne sustained an injury due to fan violence. However, we stand by the design and manufacture of our goal posts for their intended use."
 
:smh:


Was he contributing to the goal posts being pulled down????

If it was "fan violence", why was he there????


I hope the company wins the case!
 

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I hope they put him in jail for endangering other students. People need to learn. They should say he climbed the post the wrong way. This is sad.
 
Man, if they win this case Im going to sue Dell and IBM cause their monitors are hurting my eyes. They should have built them with a cover screen or something. :redhot:
 
Originally posted by Blacknbengal
Man, if they win this case Im going to sue Dell and IBM cause their monitors are hurting my eyes. They should have built them with a cover screen or something. :redhot:

:lmao: :lmao: :lmao: :lmao: :lmao: :lmao: :lmao: :lmao:

Me too except it's Hp
 
If I was the Goalpost Maker ........................ I would counter-sue his arse for not using my product safely.:D
 
Originally posted by Tigerpride
I hope they put him in jail for endangering other students. People need to learn. They should say he climbed the post the wrong way. This is sad.

The goal post fell down on him. He didn't climb the goal post.

I, like others who have posted on this thread, hope he loses this lawsuit simply because Gilman is, with no doubt, not at fault. However, I think Ball State University will be liable for this incident. Check out the following:

http://www.nd.edu/~observer/09291999/News/0.html

University faces lawsuit from injured football fan
Associated Press

A woman injured by someone lunging for a ball in the stands during a Notre Dame football game can proceed with her lawsuit against the University, the Indiana Court of Appeals ruled Tuesday.

The decision reversed a lower court ruling that dismissed the lawsuit on grounds that Notre Dame did not owe a duty to protect Letitia Hayden from the criminal acts of a third party.

The appeals court said Notre Dame should have foreseen that injury would likely result from people lunging for footballs in the stands and taken reasonable steps to prevent it. Hayden is seeking unspecified damages.

"Notre Dame well understands and benefits from the enthusiasm of the fans of its football game," the unanimous ruling said. "It is just such enthusiasm that drives some spectators to attempt to retrieve a football to keep as a souvenir."

Hayden and her husband, William, were sitting behind the goal post in the south end zone Sept. 16, 1995, when one of the teams kicked a football toward the goal.

Several people lunged for the ball and one of them struck Hayden from behind, fracturing her left shoulder and collarbone. She sued the University for failing to exercise care to protect her.

Notre Dame contended that the action of the person who injured Hayden was unforeseeable and it therefore owed no duty to anticipate it and protect her.

The appeals court said there was evidence of many prior incidents in which people were jostled or injured by fans trying to retrieve balls.

Notre Dame lawyers William Hoye and Jill Bodensteiner weren't available for comment.
 
No one should be responsible for him getting hurt. He saw what the students were doing. Why did he have his azz that close to it in the first place. I refuse to believe he was an innocent "bystander".
 
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