United States Court of Appeals for the Eleventh Circuit
987 F.2d 1532 (1993)
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) brought suit against the helmet’s manufacturer, AGV Corporation (AGV) (defendant), alleging that the helmet was defectively designed and that AGV failed to provide warnings that the helmet would not provide protection from certain reasonably foreseeable impacts. AGV filed a motion for summary judgment. In opposition to the motion, Sheckells 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 AGV’s motion for summary judgment and Sheckell’s appealed only on the failure to warn claim.
Rule of Law
Holding and Reasoning (Birch, J.)
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