Durkee v. Cooper of Canada, Ltd

Plaintiffs appeal as of right from an order granting defendant Cooper of Canada, Ltd.’s motion for summary judgment. Plaintiff Thomas Durkee was injured on September 5, 1974, while skating at a warm-up in a practice session in an "over 30” hockey league. As Mr. Durkee was skating, another hockey player launched a slap shot that struck plaintiff in the head, on the plastic chin strap of his helmet. Mr. Durkee’s helmet was designed, manufactured and sold by defendant Cooper of Canada, Ltd.

Plaintiffs claim that defendant was negligent in designing a helmet which failed to offer sufficient…