The Liberty resident registered as a student who was paralyzed in 2001 after a football goal post fell on him will soon receive a settlement through the university.
St. Paul Insurance, the company through which Ball State was insured when Andrew Bourne, 23, was injured, is expected to reach a settlement soon with Bourne and his parents, said Larry Cistrelli, Ball State's risk manager.
"Ball State is trying to finalize a settlement with the insurance company," Cistrelli said.
Bourne and his family also filed on Monday a personal damage lawsuit against the manufacturer of the goal post, Marty Gilman, Inc.
According to a copy of the lawsuit against Gilman, Bourne and his parents claim the goal post was manufactured in a way that left it prone to snapping and bending.
Bourne was injured Oct. 20, 2001, when he and fellow students rushed the football field after Ball State's victory over the University of Toledo. Students climbed on and tore down the goal post, which struck Bourne. Bourne suffered a fractured leg and a fracture dislocation of his thoracic vertebrae, which left him paralyzed in both legs.
The Bournes were unavailable for comment.
"This student is trying to blame someone else for his irresponsible behavior," Neil Gilman, president of Marty Gilman, Inc., said. "It's unprecedented to blame a company for tearing down and vandalizing goal posts."
According to a statement released by the company, Marty Gilman Inc. is prepared to "vigorously defend this lawsuit as we feel it is without merit."
Gilman said Bourne's claim that the goal post was improperly constructed is false.
"A goal post is designed to support itself," Gilman said. "It's not a jungle gym,. We never made any claims it would support a student.
"We're not going to settle or compromise. It's a matter of principle here."
Scott Montross, the Bournes' attorney, was unavailable for comment.
Dan Byrnes, director of sports facilities, said the university switched to a different goal post manufacturer after Bourne's accident.
Merchants Environmental Industries, based in Chicago, now supplies goal posts for Ball State, Byrnes said.
Byrnes said the switch was made when Ball State needed to replace its goal posts, and the university decided to go with a company that specifically designed posts to withstand students rushing onto them.
"We thought that if we're going to buy another set of goal posts, it's good to buy the best goal posts," Byrnes said. "This was a better product."
Byrnes said he does not condone students tearing down goal posts, though.
"Goal posts are designed for football, so when they're vandalized, they may not be as safe as what they used to be," Byrnes said. "Anything can be dangerous once it's vandalized."
Cistrelli said he is disappointed the Bournes have filed lawsuits.
"There seems to be this notion that if I engage in reckless behavior, I should be excused for my reckless behavior," Cistrelli said.
"There's no question it was tragic for him," Cistrelli said. "But it's about reckless behavior on the part of the students involved."
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