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CARRIER v. RIDDELL, INC.

No. 83-1053.

721 F.2d 867 (1983)

Mitchell CARRIER, et al., Plaintiffs, Appellants, v. RIDDELL, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 23, 1983.

Attorney(s) appearing for the Case

Jay Stephen Bronstein, Sharon, Mass., with whom Howard S. Ross, and Shuman & Ross, P.C., Boston, Mass., were on brief, for plaintiffs, appellants.

Elizabeth A. Sharawara, with whom Philip M. Davis, Valerie N. Mauro, and Morrison, Mahoney & Miller, Boston, Mass., were on brief, for Riddell, Inc.

Before COFFIN, Circuit Judge, GIBSON, Senior Circuit Judge, and BREYER, Circuit Judge.

BREYER, Circuit Judge.

Plaintiff Mitchell Carrier is a high school student who suffered a severe spinal injury playing football. He and his mother sued several football helmet makers, arguing that they negligently failed to warn his team that helmets do not offer much protection to a player's neck and spine. During discovery the parties established that the plaintiff wore a helmet made, not by Riddell, but by some other manufacturer. At that point the district court...

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