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McQUIVEY v. FULMER HELMETS, INC.

No. 20121056-CA.

335 P.3d 361 (2014)

2014 UT App 177

Jamie McQUIVEY, Plaintiff and Appellant, v. FULMER HELMETS, INC., Defendant and Appellee.

Court of Appeals of Utah.

July 31, 2014.

Attorney(s) appearing for the Case

Mark R. Taylor , Henry N. Didier Jr. , and P. Alexander Gillen , for Appellant.

Julianne P. Blanch and Tsutomu L. Johnson , Salt Lake City, for Appellee.

Judge J. FREDERIC VOROS JR. authored this Opinion, in which Judge JOHN A. PEARCE concurred. Judge JAMES Z. DAVIS concurred in the result.

Opinion

VOROS, Judge:

¶ 1 Eight-year-old Conway Cook crashed an all-terrain vehicle while wearing a protective helmet. Instead of protecting him, the helmet cracked and injured his face. Conway's mother sued various defendants on his behalf. The district court dismissed the claim against Fulmer Helmets, Inc. under the passive-retailer doctrine. We reverse and remand for further proceedings.

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