BAIN V. GILLISPIE
357 N.W.2d 47 (1984)
NATURE OF THE CASE: This was a dispute over a referee's call of a foul in a basketball
game. Gillispie (D) appealed from the dismissal of a counterclaim for damages arising from
'referee malpractice' asserting the trial court erred by finding no genuine issue of
material fact and sustaining Bain's (P) motion for summary judgment.
FACTS: Bain (P) was a college basketball referee and called a foul on an Iowa player,
which gave Purdue a last minute victory. Fans at Iowa of course blamed P for the loss.
Gillispie (D), the owner of a sport's store began to market a T-shirt showing a man with a
rope around his neck captioned 'Jim Bain Fan Club.' P sued for injunctive relief, actual,
and punitive damages. D counterclaimed for malpractice because P's officiating was below the
standard of competence required of a professional referee. D wanted $175,000 because of the
loss in sales that he experienced by Iowa not being in the championship game. The trial
court sustained a motion for summary judgment against D's counterclaim. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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