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Commercial Law Keyed to Whaley
Bell Sports, Inc. v. Yarusso
Citation:
759 A.2d 582 (2000)Facts
In 1991, Plaintiff was riding his motorbike on a dirt track with full protective gear, including a helmet manufactured by Defendant. Plaintiff attempted to hit a dirt bump and it caused him to flip over his handlebars and land on his head. Despite wearing a motorcycle helmet manufactured by Defendant, the accident resulted in severe injury to Plaintiff’s spine, leaving him paralyzed from the neck down. Plaintiff filed suit for claims of negligence and breach of express warranty and implied warranty. Plaintiff’s breach of express warranty claim was based on representations made by Defendant as to the safety of its helmets and the product’s ability to absorb force in the event of a crash. Plaintiff’s breach of implied warranty of merchantability claim was largely based on the motorcycle helmet marketed as being fit for off-road but only being designed for on-road use. Defendant argued that Plaintiff could not establish an evidentiary basis for his breach of warranty claims and moved to remove Defendant’s experts. During jury deliberations, a juror informed the court that he had previous knowledge relating to motorcycle helmets that he had not disclosed to the court, but he also had not shared this with the other jurors. The juror was dismissed. The trial court denied Defendant’s motion for a mistrial due to prejudice caused by the dismissed juror.
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