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SEXTON BY AND THROUGH SEXTON v. BELL HELMETS, INC.

No. 90-2066.

926 F.2d 331 (1991)

Chad SEXTON, an unmarried infant By and Through his mother and natural guardian, Mary SEXTON; Mary Sexton, Individually; Floyd Sexton, Individually, Plaintiffs-Appellees, v. BELL HELMETS, INC., a California corporation, Defendant-Appellant, and East End Circle Sales, Incorporated, a West Virginia corporation, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided February 5, 1991.

As Amended February 26, 1991.

Attorney(s) appearing for the Case

Edward Martin Kowal, Jr., Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, W. Va., argued (Frank H. Fitch, III, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, W. Va., on brief), for defendant-appellant.

Peter Perlman, Peter Perlman Law Offices, P.S.C., Lexington, Ky, argued (Fred Fahrenz, Hunt & Wilson, Charleston, W. Va., on brief), for plaintiffs-appellees.

Before HALL and NIEMEYER, Circuit Judges, and CACHERIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

NIEMEYER, Circuit Judge:

At dusk on December 27, 1984, in rural Kentucky, Chad Sexton, 13, was riding an off-road motorcycle (or "dirt bike") when he collided with his friend, Jackie Boggs, who was also riding a motorcycle, coming from the opposite direction. Sexton and Boggs were each traveling about 35 miles per hour, and after the collision Sexton was propelled 183 feet from the point of impact. He sustained a closed-head injury and brain damage causing quadriparesis...

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