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Arena Holdings Charitable, LLC v. Harman Professional, Inc.

United States Court of Appeals, Eighth Circuit

May 7, 2015

Arena Holdings Charitable, LLC, a Delaware limited liability company; RE Arena, Inc., a Nevada foreign corporation, Plaintiffs - Appellants
v.
Harman Professional, Inc., Defendant Third Party Plaintiff - Appellee
v.
Impulse Group, Inc.; Impulse Group LLC; HB Sound & Light, Inc., Third Party Defendants, ON Semiconductor Corporation, Third Party Defendant - Appellee

Submitted November 12, 2014.

Appeal from United States District Court for the District of North Dakota - Bismarck.

For Arena Holdings Charitable, LLC, a Delaware limited liability company, RE Arena, Inc., a Nevada foreign corporation, Plaintiffs - Appellants: Bradley John Beehler, MORLAW LAW FIRM, LTD., Grand Forks, ND; Brad Breslau, Richard R. Rardin, COZEN & O'CONNOR, Denver, CO.

For Harman Professional, Inc., Defendant Third Party Plaintiff - Appellee: Randall J. Bakke, Shawn A. Grinolds, Bradley Neuman Wiederholt, SMITH & BAKKE, Bismarck, ND.

For Impulse Group, Inc., Impulse Group LLC, HB Sound & Light, Inc., Third Party Defendants: Christopher P. Malone, Tamara Lynn Novotny, COUSINEAU & MCGUIRE, Minneapolis, MN.

For ON Semiconductor Corporation, Third Party Defendant - Appellee: Joel A. Flom, FLOM LAW OFFICE, Fargo, ND.

Before RILEY, Chief Judge, BEAM and GRUENDER, Circuit Judges. RILEY, Chief Judge, dissenting.

OPINION

BEAM, Circuit Judge.

Arena Holdings Charitable, LLC, and RE Arena, Inc. (" Arena Holdings" ) appeal the district court's[1] grant of summary

Page 293

judgment in favor of Harman Professional in this tort claim arising out of a fire that occurred at the Ralph Engelstad Arena in Grand Forks, North Dakota. We affirm.

I. BACKGROUND

The facts involved in this case as described by the district court are uncontested on appeal. This matter arises from a fire that occurred at the Ralph Engelstad Arena on July 3, 2011. Arena Holdings alleges the fire started when a Crown Macro-Tech 5002VZ amplifier produced a direct current to a speaker that spread to adjoining speakers located in the catwalk area of the Engelstad Arena. Harman Professional is the manufacturer of the alleged defective amplifier, and Impulse Group installed the sound reinforcement system at the Engelstad Arena when it was originally built, and so installed the amplifier as well.

The fire caused approximately $5 million of damage throughout the Engelstad Arena, including damage to the building and fixtures, as well as damage to personal property. The fire directly damaged the arena structure and equipment in the vicinity of the amplifier and speakers. The presence of smoke and soot throughout the Engelstad Arena after the fire caused additional damage. Arena Holdings initiated this action against Harman alleging negligence, strict liability and post-sale failure-to-warn claims. Harman then filed a third-party complaint against Impulse Group, and others. The ...


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