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Torts Keyed to Henderson
Sheckells v. AGV Corp.
Facts
John Sheckells lost control of his motorcycle after striking debris on the road and suffered permanent injuries when his helmet impacted the road. John’s father, Charles Sheckells (Plaintiff) sued the helmet’s manufacturer, AGV Corporation (Defendant), alleging that the helmet was defectively designed and that Defendant failed to provide warnings that the helmet would not provide protection from certain reasonably foreseeable impacts. Defendant filed a motion for summary judgment. In opposition to the motion, Plaintiff provided the expert testimony of Dr. Joseph L. Burton, the chief medical examiner for the City of Atlanta. Dr. Burton testified, in reference to the failure to warn claim, that helmet impact tests were conducted at speeds of only 15-20 miles per hour and that no motorcycle helmet on the market provided protection from injuries at speeds between 30-45 miles per hour. Dr. Burton further testified that the average helmet purchaser would not know those facts. The district court granted Defendant’s motion for summary judgment and Sheckell’s appealed only on the failure to warn claim.
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