Facts

James Thor was riding his motorcycle at approximately 30 miles per hour when he was involved in an accident. His helmet came off his head, and he died minutes later from a head injury. The helmet had been made in China, and imported to the United States by Sunright International Inc., who sold the helmet to Kerr Leathers Inc., a distributor of motorcycle apparel and helmets. Kerr then sold the helmet to Visalia Harley-Davidson, which sold the helmet to Thor.

After decedent had purchased the helmet, it was found defective in a "retention" test by the federal government. Defendants recalled the helmet, but there was no evidence that decedent had received notice of the recall. His son and daughter filed suit against Kerr Leathers, Sunright International and Visalia Harley-Davidson for product liability. Sunright and Visalia Harley-Davidson settled before trial.

PLAINTIFFS' CONTENTIONS:
The plaintiffs claimed that the helmet had a design defect because improper stitching of the chin strap caused it to come off decedent's head, and the parties stipulated that the helmet was defective. The parties also stipulated that defendant Kerr was in the chain of distribution.

Settlement Discussions

The plaintiffs demanded $300,000. The defendant offered $25,000.

Damages

The plaintiffs sought $5 million in noneconomic damages. There was no claim for economic damages as the deceased was disabled and unemployed. The defendants asked the jury to award each plaintiff $150,000.

Injuries

The decedent suffered a skull fracture and died within minutes after the accident.

Result

The jury awarded $800,000, but because it found that decedent was 18 percent liable for his death, the award was reduced to $656,000. Because plaintiffs had already received settlements from the Sunright and Visalia Harley-Davidson, defendant paid nothing. Sunright settled for $1 million and Visalia Harley-Davidson settled for $235,000.

Deliberation

five hours

Poll

12-0

Length

four days