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COVELL v. BELL SPORTS, INC.

No. 10-3860.

651 F.3d 357 (2011)

David W. COVELL; Margaret Covell, Plenary Guardians of the Person of David F. Covell, Appellants v. BELL SPORTS, INC.; Easton-Bell Sports, Inc.; Performance, Inc. v. Michael Kenig; Archdiocese of Philadelphia.

United States Court of Appeals, Third Circuit.

Filed: July 12, 2011.

As Amended July 14, 2011.

Attorney(s) appearing for the Case

Daniel L. Thistle, Esq. Argued, the Thistle Law Firm, Philadelphia, PA, for Appellant.

Barbara R. Axelrod, Esq. , the Beasley Firm, LLC, Philadelphia, PA, Clifford A. Rieders, Esq. , Pamela L. Shipman, Esq. , Rieders, Travis, Humphrey, Harris, Waters & Waffenschmidt, Williamsport, PA, Amicus Curiae for Appellant.

C. Scott Toomey, Esq. , Argued, Katherine A. Wang, Esq. , Littleton Joyce Ughetta Park & Kelly LLP, Radnor, PA, for Appellee.

Edward M. Koch, Esq. , Edward F. Beitz, Esq. , White and Williams LLP, Philadelphia, PA, Amicus Curiae for Appellee.

Before: HARDIMAN and ALDISERT, Circuit Judges, and RESTANI, Judge.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

David W. Covell and Margaret Covell, who are plenary guardians of their adult son David F. Covell, appeal from a jury's verdict for the defendant in their products liability suit against Easton-Bell Sports, Inc. They urge us to order a new trial on the ground that the District Court erred by admitting evidence and charging the jury pursuant to sections 1 and 2 of the Restatement (Third) of Torts (1998), rather...

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