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HOWERTON v. HELMET LTD.

No. COA02-612.

581 S.E.2d 816 (2003)

Bruce HOWERTON, Jr., DDS, Plaintiff, v. ARAI HELMET, LTD., a Japanese Corporation; Arai Helmet, Ltd., a New Jersey Corporation; and Tom Brissey, Defendants.

Court of Appeals of North Carolina.

June 17, 2003.

Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice, PLLC, by Burley B. Mitchell, Jr., Richard T. Rice and Christopher W. Jones, Raleigh, for plaintiff-appellant.

Ellis & Winters, L.L.P., by Richard W. Ellis, Matthew W. Sawchak and Andrew S. Chamberlin, Raleigh, for defendants-appellees.

Twiggs, Beskind, Strickland & Rabenau, P.A., by Howard F. Twiggs, Donald H. Beskind, and Jerome P. Trehy, Jr., Raleigh, on behalf of the North Carolina Academy of Trial Lawyers, amicus curiae.

Smith, Moore, L.L.P., by James G. Exum, Jr., Jon A. Berkelhammer, and Allison O. Van Laningham, on behalf of the North Carolina Association of Defense Attorneys and the North Carolina Citizens for Business and Industry, amicus curiae.

WYNN, Judge.

Summary

This appeal arises from an action instituted by Dr. Bruce Howerton, D.D.S., alleging that his quadriplegic condition, resulting from a motorcycle accident, was caused by a negligently designed helmet. He contends that Arai Helmet, Ltd. ("Arai") negligently designed his helmet without an integrated chin bar which would have distributed the compressive force of his motorcycle collision throughout his chest, thereby preventing the...

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