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Torts
Product Liability
Defective Helmet

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

Larry E. Coben

Raymond Paul Johnson


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


#93817

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