Verdict: Defendant.

Venue: Dauphin County, Pa.

Demand: $1,161,973.

Plaintiffs: James Anderson Jr. and the estate of Vickie Anderson.

Defendants: LeMans Corp., Pirelli Tire LLC, AGV Lazer USA LLC, Susquehanna Valley Harley-Davidson.

Insurer: Zurich North America for Susquehanna Valley Harley-Davidson.

Vickie Anderson, 48, was a passenger on a Harley-Davidson Ultra Classic motorcycle driven by her husband, James Anderson Jr., when the rear tire blew out as they were traveling at 50 mph in New York. James lost control of the bike and Vickie Anderson was thrown from it. Despite being able to speak immediately after the crash (according to her husband), she later died from a skull fracture at the hospital.

She was wearing a Harley-Davidson shorty, a half-faced helmet manufactured by AGV Lazer USA. LeMans Corp. had imported the helmet, which was purchased by Anderson in 2003, when James Anderson also purchased the bike.

In 2004, James Anderson had replaced the worn rear tire with a tire that was ordered by Pirelli Tire LLC. At the time of the accident, the tire had approximately 7,000 miles on it. James Anderson alleged that both the tire and helmet were defective, and filed suit against Pirelli, Lazer, LeMans and Susquehanna Harley-Davidson under a theory of products liability that included design and manufacturing defects, as well as a breach of implied warranty.

AGV Lazer and Harley-Davidson settled with Anderson's estate prior to the trial, but the parties remained and participated in the trial.

According to James Anderson, he felt shaking on the bike and vibrations in the handlebars that morning, and saw a bulge on the sidewall. Approximately an hour before the 1 p.m. accident, Anderson noticed the same type of vibration and slowed down. The plaintiffs' expert concluded that a defect occurred during the tire's manufacturing process and caused the tire to fail during the trip.

The plaintiffs' expert on motorcycle helmets said that the shorty helmet was defective because it failed to provide adequate protection and moved during impact to expose the back of Vickie's head since it was not sized properly. (The plaintiff's attorney contended that Susquehanna Valley failed to perform a roll-off test when it sold the helmet to Anderson. Such a test is not required for helmet retailers in Pennsylvania.)

Pirelli's tire design expert indicated that the tire was properly manufactured, but that the blowout was caused by under-inflation and too much weight on the tire since both Andersons were on the bike at the time of the accident. He maintained that the vibration Anderson felt supported his theory. The defense's expert on motorcycle helmets indicated that the helmet had also been correctly manufactured and offered sufficient protection to the user.

Vickie Anderson worked as an office manager for a sporting goods store and her estate sought to recover future lost earnings of $1,154.975, funeral costs of $6,110.92 and past medical costs totaling $887.13.

After deliberating for 90 minutes the jury found in favor of the defendants.

Special Reports /

The verdict's in: Helmet, motorcycle tire not defective in fatal crash

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