Jeffrey Sohn, Avril Sohn v. Easton-Bell Sports Inc., Cupertino Bike Shop Inc.
Published: Sep. 7, 2013 | Result Date: Aug. 14, 2013 | Filing Date: Jan. 1, 1900 |Case number: LC095289 Verdict – Defense
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Thomas Borncamp
(Yukevich Cavanaugh)
James J. Yukevich
(Yukevich Cavanaugh)
Facts
Plaintiff Jeffrey Sohn, 60, was about to complete an 85-mile bicycle ride when he fell and hit his head on the pavement and as a result suffered a traumatic brain injury. At the time of the accident, the plaintiff was wearing a Giro Pneumo helmet.
Sohn filed a suit claiming that the helmet was defective in design.
The helmets are manufactured by Giro, a brand of Easton-Bell Sports Inc.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that based on the helmet's damage and scratch patterns, the helmet did not provide equal protection all around the head, had inadequate energy-absorbing foam liner inside the rear portion of the helmet where the crush occurred, and had an ineffective helmet retention system, including the Roc-Loc device inside the helmet.
DEFENDANT'S CONTENTIONS:
Defendants contend that the scratch patterns on plaintiff's helmet did not support plaintiff's claims. Defense also argued that plaintiff was improperly wearing the helmet too high on his head, contrary to the manufacturer's clear instructions.
Injuries
Plaintiff suffered permanent and severe brain damage. He alleged that he was no longer able to live a normal, active life, which once included cycling as a favorite activity.
Result
Defense verdict.
Other Information
FILING DATE: Oct. 27, 2011.
Deliberation
five hours
Length
three weeks
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390