W. Bruce HOWERTON, Jr., DDS
v.
ARAI HELMET, LTD., a Japanese Corporation; Arai Helmet, Ltd., a New Jersey Corporation; and Tom Brissey.
Supreme Court of North Carolina.https://leagle.com/images/logo.png
June 25, 2004.
June 25, 2004.
Attorney(s) appearing for the Case
Womble Carlyle Sandridge & Rice, PLLC, by Burley B. Mitchell, Jr., Richard T. Rice, and Alison R. Bost, Raleigh, for plaintiff-appellant.
Ellis & Winters, L.L.P., by Richard W. Ellis, Matthew W. Sawchak, and Andrew S. Chamberlin, Raleigh; and Wilson Elser Moskowitz Edelman & Dicker, by James C. Ughetta, pro hac vice, White Plains, NY, for defendants-appellees.
Jeff Hunt, Hendersonville, on behalf of the North Carolina Conference for District Attorneys, amicus curiae.
Twiggs, Beskind, Strickland & Rabenau, P.A., by Howard F. Twiggs, Donald H. Beskind, and Jerome P. Trehy, Jr., Raleigh; and Robert P. Mosteller, Durham, on behalf of the North Carolina Academy of Trial Lawyers, amicus curiae.
Nelson Mullins Riley & Scarborough, L.L.P., by George Major Teague, Raleigh; Robinson, Bradshaw & Hinson, P.A., by John Robbins Wester and Scott William Gaylord, Charlotte; and Bailey & Dixon, L.L.P., by Gary S. Parsons, Raleigh, on behalf of the North Carolina Citizens for Business and Industry and the North Carolina Association of Defense Attorneys, amici curiae.
Smith Moore, L.L.P., by J. Donald Cowan, Jr., and Dixie Wells, Greensboro, on behalf of the Product Liability Advisory Council, Inc., amicus curiae.
Supreme Court of North Carolina.
WAINWRIGHT, Justice.
On 5 October 1996, plaintiff, W. Bruce Howerton, Jr., D.D.S. ("Howerton"), suffered a devastating motorcycle accident while riding his off-road motorcycle at a motocross practice track in western North Carolina. Howerton was an experienced off-road motorcycle enthusiast who had been riding motorcycles since he was a child. He had owned numerous motorcycles throughout his life and was knowledgeable in the technical aspects of motorcycles and motorcycle...
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