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AUSTRIA v. BIKE ATHLETIC CO.

A8707-04478; CA A63376.

810 P.2d 1312 (1991)

107 Or.App. 57

John AUSTRIA, As Guardian Ad Litem for Richard Austria, a Minor, and John Austria and Perla Austria, Husband and Wife, Respondents, v. BIKE ATHLETIC CO., a Foreign Corporation, Colgate-Palmolive Co., a Foreign Corporation, and Kendall Research Center, a Foreign Entity, Appellants, and Renato Pizarro, M.D., Defendant.

Court of Appeals of Oregon.

Decided May 1, 1991.

Attorney(s) appearing for the Case

James N. Westwood, Portland, argued the cause for appellants. With him on the briefs were Thomas M. Christ, Miller, Nash, Wiener, Hager & Carlsen and Mitchell, Lang & Smith, Portland.

W. Eugene Hallman, Pendleton, argued the cause for respondents. With him on the brief were Mautz Hallman, Pendleton, and James M. Pippin, Mark R. Bocci and Pippin & Bocci, Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

DEITS, Judge.

Richard Austria was severely injured by a blow to the head during football practice. Through his guardian ad litem, he sued the designer and manufacturer of the football helmet that he was wearing, alleging that its defective design was the cause of his injury.1 The jury returned a verdict for plaintiffs and defendants appeal, arguing, primarily, that the trial court erred in denying...

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