Facts

On July 21, 2007, plaintiff Justin Eubanks was on a practice run on the I5-MX motocross track in Gorman, he mislanded a jump, went over the bars, and impacted the ground at 20 to 30 mph. His helmet fractured during the ground impact. Eubanks suffered severe brain damage as a result of the crash.

Eubanks' motocross helmet was designed by KBC Corporation, distributed by KBC America, Inc., and sold to the Eubanks family by Valencia Sport Group, LLC. Justin Eubanks had been riding motocross since he was 6 years old and was attempting to become a professional motocross rider.

Eubanks' parents filed suit, alleging products liability. Richard Eubanks, also claimed negligent infliction of emotional distress, as he was present on the track at the time of the accident and witnessed certain moments of the accident.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that the helmet was defective and that KBC gave insufficient warnings concerning its protection. They further alleged that stronger material should have been used, such as carbon fiber, and that KBC used plastic materials for cost purposes.

DEFENDANTS' CONTENTIONS:
Defendants contended that Eubanks' own negligence caused his injuries. Defendants contended that there was no evidence that the motorcycle hit Eubanks after he was ejected from it. Defendants further contended that there would be significantly more damage to the helmet than "microcracks" if a 205 pound motorcycle landed on the helmet at accident speed.

Defendants alleged that the helmet met and exceeded all government requirements and safety standards, as well as the even more rigorous "SNELL" safety standards for helmets. Defendants alleged that the physical damage to the helmet shows that the helmet did its job of properly absorbing the brunt of impact energy in the crash. Defendants further alleged that no helmet would have prevented the internal brain injury sustained by Justin Eubanks. Defendants argued that the subject helmet actually prevented surface head injuries that could have easily led to a fatal injury.

Defendants argued that Justin Eubanks was a "sophisticated user" of the motocross helmet and that he knew the risk of serious injury associated with the dangerous sport of motocross. Defendants also argued that both Justin Eubanks and his father knew that no helmet could prevent against all foreseeable accidents in motocross, as warned by defendants on the helmet packaging, in the owner's manual, and on the helmet itself.

Damages

Justin Eubank's past medical specials totaled $1.9 million. Plaintiffs claimed $18 million in future care and loss of future earnings.

Injuries

Eubanks sustained a severe brain injury, requiring constant care for the rest of his life.

Result

The jury rendered a verdict for the defense.

Deliberation

five hours

Poll

13-1 (no design defect in helmet); 10-4 (adequate warning)