Contracts Keyed to Burton
Bain v. Gillispie
Plaintiff, Bain works as a referee for college basketball games. Defendant, Gillispie, operates a store that sells novelty; specialized University of Iowa sports memorabilia, in Iowa City, Iowa. Defendant’s store is a private, for profit enterprise, which has no affiliation with the University of Iowa. Thereafter, Plaintiff was called to be a referee at a University of Iowa versus Purdue University game. At the game, Plaintiff made a call that resulted in a win for Purdue University. Defendant and University of Iowa fans blamed Plaintiff for the University of Iowa’s loss. After the game, Defendant began selling T-Shirts with Plaintiff’s caricature being hung by a noose. Plaintiff brought suit against Defendant seeking an injunction and actual and punitive damages. Defendant counterclaimed on the grounds that Plaintiff negligently breached the standard of competence required to referee a college basketball game, and Defendant was entitled to third party beneficiary damages under Plaintiff’s contract with Big Ten Athletic Conference, Plaintiff’s employer. The trial court granted Plaintiff’s motion for summary judgment.
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