Legal Opinion
Smith v. Bell Sports, Inc.
District Court, W.D. New York
Decided August 8, 1996No. 6:95-cv-06569PublishedCited by 7 opinions
1Opinion of the Court
DECISION AND ORDER
LARIMER, Chief Judge.
INTRODUCTION
This action arises from plaintiff Dale Smith’s injury in an auto race at Watkins Glen on July 21, 1991, allegedly caused by a defective helmet manufactured by Bell Sports, Inc. (“Bell”). On July 20, 1994 — the last day of the limitations period for their negligence and product liability causes of action — Dale Smith and Susan Marsh filed a complaint in the Western District of New York. 1 However, they failed to serve Bell until over eight months later and Bell moved to dismiss the complaint under Fed.R.Civ.P. 4(m). On September 8, 1995, this…
2Cases cited24 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Walker v. Armco Steel Corp.Supreme Court of the United States · 1980
- Babcock v. JacksonNew York Court of Appeals · 1963
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3Cited by7 opinions
- Colon Ex Rel. Molina v. Bic USA, Inc.District Court, S.D. New York · 2001
- Baker v. County of MonroeDistrict Court, W.D. New York · 1999
- Pension Plan for Employees of Battenfeld Grease & Oil Corp. v. Principal Mutual Life InsuranceDistrict Court, W.D. New York · 1999
- Peck v. Democrat and Chronicle/Gannett NewspapersDistrict Court, W.D. New York · 2000
- Cellucci v. Foster GarveyDistrict Court, D. Massachusetts · 2023
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