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Torts Keyed to Henderson
Boyer v. Iowa High School Athletic Association
Facts
Plaintiff was an attendee of a basketball game at Roosevelt Junior High School. Plaintiff attended with her husband and the Garlands and were seated in the top row of the bleachers. Defendant is Iowa High School Athletic Association, who was a party to a contract with the high school. Per the contract the game was under Defendant’s management, supervision, and direction. The bleachers were 16’ long/7 rows high, made of wood and steel, and included wooden footrests below every row except for the bottom row. Top row was 8’-9’ above the floor. The bleachers get pushed back against the wall when not in use, and are taken out/put back 2-4 times every week. It is common practice for attendees to stand on the footrests or the seats during games. This happened at the game in question and only the section of bleachers where Plaintiff was seated “collapsed or folded back toward the wall” causing Plaintiff and Mr. Garland to fall to the floor (Mrs. Garland did not) and Plaintiff’s husband “was left hanging by one foot on the bleachers, head down.” Plaintiff sued Defendant for personal injuries under negligence and res ipsa loquitur. Trial court proceeded only on the doctrine of res ipsa loquitur. Jury found for Plaintiff and Defendant appealed.
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