July 22, 2005
I'm pretty consistent at pointing my Finger of Distain™ at what I feel are whacked judicial decisions. However, when I see a example of prudent adjudication, it is equally important to send accolades:
Andrew Bourne of Liberty was severely injured in October 2001 when a goal post fell on him during a celebration of a win over Toledo. Two years later, Bourne filed a suit in federal court against Gilman Gear, Connecticut, claiming the company was negligent in how it manufactured goal posts. Judge David F. Hamilton of the Southern District Court of Indiana ruled this week that Bourne and any other reasonable observer knew the mob of students was trying to pull the structure down. The risk was obvious, and the goal post was therefore not unreasonably dangerous under Indiana law, he wrote in his decision.Nice work, Judge. It was a no-brainer, but still, so many judges get the easy ones wrong.



