Mitchell Carrier v. Riddell, Inc.

BREYER, Circuit Judge.

Plaintiff Mitchell Carrier is a high school student who suffered a severe spinal injury playing football. He and his mother sued several football helmet makers, arguing that they negligently failed to warn his team that helmets do not offer much protection to a player’s neck and spine. During discovery the parties established that the plaintiff wore a helmet made, not by Riddell, but by some other manufacturer. At that point the district court granted summary judgment in favor of Riddell, specifying that it was a final judgment so that plaintiff could appeal, despite the…