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Defense: Motorcycle tire, helmet not defective in fatal crash

Type:

Verdict-Defendant

State:

Pennsylvania

Venue:

Dauphin County

Court:

Dauphin County Court of Common Pleas

Injury Type(s):

head-fracture, skull;
head-blunt force trauma to the head; other-death; other-soft tissue; other-multiple trauma; other-unconsciousness; other-conscious pain and suffering

Case Type:

Motor Vehicle – Motorcycle; Products Liability – Tires, Automobiles; Wrongful Death – Survival Damages; Products Liability – Design Defect, Failure to Warn; Intentional Torts – Misrepresentation; Products Liability – Strict Liability, Breach of Warranty, Manufacturing Defect

Case Name:

James A. Anderson Jr., as administrator of the Estate of Vickie L. Anderson, deceased v. Pirelli Tire LLC, LeMans Corp. d/b/a Drag Specialties, AGV Lazer USA LLC, Harley-Davidson Motor Co. Group LLC, and Susquehanna Valley Harley-Davidson a/k/a and/or d/b/a Fat Willie’s Cycles Inc.,
No. 2011 CV 08581

Date:

December 17, 2015

Parties

Plaintiff(s):

James A. Anderson Jr. (Male, 40s), 

Estate of Vickie L. Anderson (Female, 48 Years)

Plaintiff Attorney(s):

Steven M. Mezrow;
Pansini & Mezrow;
Philadelphia,
PA,
for
James A. Anderson Jr., Estate of Vickie L. Anderson ■ Matthew L. Owens;
Law Offices of Matthew L. Owens, Esquire, LLC;
Harrisburg,
PA,
for
James A. Anderson Jr., Estate of Vickie L. Anderson

Plaintiff Expert(s):

Gary Derian; P.E.; Tire Design; Columbus,
OH called by:
Steven M. Mezrow, Matthew L. Owens ■ James Pugh; Ph.D.; Motorcycle Helmets; Mineola,
NY called by:
Steven M. Mezrow, Matthew L. Owens ■ Andrew Verzilli; M.B.A.; Economics; Lansdale,
PA called by:
Steven M. Mezrow, Matthew L. Owens ■ Barbara Wolf; M.D.; Forensic Pathology; Leesburg,
FL called by:
Steven M. Mezrow, Matthew L. Owens

Defendant(s):

LeMans Corp., 

Pirelli Tire LLC, 

AGV Lazer USA LLC, 

Susquehanna Valley Harley-Davidson, 

Harley-Davidson Motor Co. Group LLC

Defense Attorney(s):

Richard J. Perr;
Fineman Krekstein & Harris, P.C.;
Philadelphia,
PA,
for
AGV Lazer USA LLC, Harley-Davidson Motor Co. Group LLC ■ William C. Stubits;
German Gallagher & Murtagh, P.C.;
Philadelphia,
PA,
for
LeMans Corp., Pirelli Tire LLC ■ Peter Q. Ezzell;
Law Offices of Peter Q. Ezzell;
Marina del Rey,
CA,
for
LeMans Corp., Pirelli Tire LLC ■ Maureen A. Jordan;
Hendrzak & Lloyd;
Center Valley,
PA,
for
Susquehanna Valley Harley-Davidson

Defendant Expert(s):

Garry Brock Jr.;
Motorcycle Helmets;
Annapolis,
MD called by:
Richard J. Perr, Maureen A. Jordan ■ James Gardner;
Tire Design;
Akron,
OH called by:
William C. Stubits, Peter Q. Ezzell ■ Gregory McDonald;
Forensic Pathology;
Philadelphia,
PA called by:
Richard J. Perr, William C. Stubits, Peter Q. Ezzell, Maureen A. Jordan

Insurer(s):

Zurich North America for Susquehanna Valley Harley-Davidson

Facts:

On May 29, 2005, plaintiff’s decedent, Vickie Anderson, 48, an office manager, died from injuries relating to a motorcycle crash, in New York. Earlier that day, Anderson was riding on the back of a Harley-Davidson Ultra Classic tour bike driven by her husband (plaintiff James Anderson Jr., in his late 40s), in Hancock. Anderson’s husband was driving 50 miles per hour (within the speed limit) when the rear tire blew out and he lost control. Vickie Anderson was thrown from the bike and later died due to a skull fracture. Anderson was wearing a Harley-Davidson shorty (half-faced) helmet designed and manufactured by AGV Lazer USA LLC. LeMans Corp. imported the helmet. In 2003, Anderson’s husband purchased the Harley-Davidson from Susquehanna Valley Harley-Davidson (where Anderson purchased the helmet), in Harrisburg. In 2004, after the bike’s rear-tire had worn, Anderson’s husband replaced the tire with a tire that was ordered by Pirelli Tire LLC. The tire had about 7,000 miles on it at the time of the accident. Anderson’s husband alleged that the helmet and Pirelli tire were defective. Anderson’s husband and Vickie Anderson’s estate sued Pirelli, Lazer, LeMans, Harley-Davidson, and Susquehanna Valley, alleging negligence and claims under a theory of products liability, including design and manufacturing defects and breach of implied warranty. (The estate had settled with AGV Lazer and Harley-Davidson under confidential terms, but the parties remained and participated at trial.) According to Anderson’s husband, while riding the motorcycle on the morning of the accident, he felt it was shaking and the handle bar was vibrating. He claimed that on inspecting the rear tire, he saw what he described as a bulge on the side wall. At around noon (at about one hour pre-accident), again while driving the motorcycle, Anderson’s husband noticed the same type of vibration when he slowed down. The estate’s expert in tire design concluded that a manufacturing defect occurred with the Pirelli tire. The expert theorized that, during manufacturing of the tire, some foreign contaminant got into the rubber and eventually worked its way to the point where the tire failed after 7,000 miles. The estate’s expert in motorcycle helmets testified that the shorty helmet was inherently defective, because it failed to provide adequate protection for a user. Due to its faulty design, Anderson’s helmet moved forward and exposed the back of her head during the accident. The expert faulted AGV for failing to warn users of the helmet’s potential movement in the event of an accident. According to the estate’s counsel, the helmet was negligently sized, and Susquehanna Valley, when it sold the helmet to Anderson, failed to perform an in-store roll-off test. (The test has the customer, while wearing the helmet, grab the back lip of the helmet and try to roll it front-ward off her head. if the helmet comes off, it does not properly fit.) Pirelli’s expert in tire design maintained that the tire was properly manufactured. According to the expert, the blowout was caused by under-inflation and weight overload, in which the underinflated rear tire was unable to support the Andersons’ weight. The fact that Anderson’s husband experienced vibration prior to the accident supported this theory, said the expert. The defense’s expert in motorcycle helmets opined that the AGV-manufactured Harley-Davidson shorty helmet was properly designed and offered sufficient protection. According to the expert, the helmet was approved by the Department of Transportation, which meant that it met requirements pursuant to federal regulations. Counsel for Susquehanna Valley maintained that the Department of Transportation does not require helmet retailers to perform roll-off tests, so as not to harm the customer.

Injury:

Anderson was taken by ambulance to a hospital, where she was pronounced dead. She is survived by two daughters. She worked as an office manager for a sporting-goods store. Her estate sought to recover $887.13 in past medical costs, $6,110.92 in funeral expenses, and $1,154,975 in past and future lost earnings. Anderson’s husband claimed that, following the accident, Anderson attempted to get to her feet and remained conscious for about 10 minutes. (Anderson, who suffered soft-tissue injuries, did not pursue a claim for damages at trial.) Based on Anderson’s husband’s testimony, the estate’s expert in forensic pathology opined that Anderson suffered conscious pain and suffering. The estate sought to recover damages under the Wrongful Death and Survival Acts. The defense’s expert in forensic pathology testified that, based on Anderson’s head trauma, she would have been rendered unconscious on impact and would have experienced no conscious pain and suffering leading up to her death.

Result:

The jury found in favor of Pirelli, LeMans, AVG, Harley-Davidson, and Susquehanna Valley on the estate and Anderson’s claims of design and manufacturing defect, breach of implied warranty, and negligence.

Trial Information:

Judge:

Andrew H. Dowling

Trial Length:

9
 days

Trial Deliberations:

90
 minutes

Post Trial:

Plaintiffs’ counsel motioned for new trial.

Editor’s Comment:

This report is based on information that was provided by counsel for Lemans Corp., Pirelli Tire LLC, and Susquehanna Valley Harley-Davidson. Counsel for AGV Lazer USA LLC and Harley-Davidson Motor Co. Group LLC declined to contribute. Plaintiffs’ counsel did not respond to the reporter’s phone calls.