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Nissen Trampoline Co. v. Terre Haute First National Bank

Court of Appeals of Indiana
332 N.E.2d 820 (1975)

Facts

Nissen Trampoline Company (Nissen) (defendant) manufactured a diving apparatus called Aqua Diver. The apparatus consisted of a platform and a trampoline and was meant to be used as an alternative to a diving board. Bruno Garzolini attempted to jump into the water using the Aqua Diver. Garzolini’s leg was caught in the cables that suspended the trampoline, causing injury to Garzolini. Terre Haute First National Bank (Bank) (plaintiff), the guardian of Garzolini’s estate, brought a suit for failure to warn based on strict liability. The jury returned a verdict for Nissen. The trial court awarded a new trial to the Bank. Nissen appealed.

Rule of Law

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Issue

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Holding and Reasoning (Lybrook, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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