Legal Opinion
McQuivey v. Fulmer Helmets, Inc.
Court of Appeals of Utah
Decided July 31, 2014No. 20121056-CAPublishedCited by 3 opinions
1Opinion of the Court
Opinion
VOROS, Judge:
T1 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.
BACKGROUND 1
12 In 2008, Conway Cook drove his ATV down a dirt path, trailing his grandfather's truck. Conway wore a Fulmer Blade AF-C1, a helmet designed for children. While driving along the path, Conway hit…
2Cases cited34 opinions
- Orvis v. JohnsonUtah Supreme Court · 2008
- Yoder v. Honeywell, Inc.Court of Appeals for the Tenth Circuit · 1997
- Dudley Sports Co. v. SchmittIndiana Court of Appeals · 1972
- Penn v. Inferno Manufacturing CorporationLouisiana Court of Appeal · 1967
- Tice v. Wilmington Chemical CorporationSupreme Court of Iowa · 1966
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3Cited by3 opinions
- Bylsma v. R.C.WilleyHumanTouchUtah Supreme Court · 2017
- Bylsma v. R.C.WilleyHumanTouchUtah Supreme Court · 2017
- Nielson v. Harley Davidson Motor Company GroupDistrict Court, D. Utah · 2019