(Editor’s note: what follows is an excerpt of an article that will appear in Concussion Litigation Reporter, which publishes later today)
A state court judge has denied a motion to dismiss filed by a helmet manufacturer, which was sued by the family of a college football player, who died after suffering multiple concussions.
The family had alleged that the defendant was negligent when it “misrepresented” the helmet’s ability to prevent concussions.
The manufacturer’s legal team had argued that the player was not exposed to “improper marketing of the helmet,” and that the state’s courts do not recognize a cause of action for negligent marketing.
The player died in the summer of 2011 after suffering multiple concussions over a three-day span. His family sued, naming the manufacturer as well as the NCAA, the university, and several individuals as defendants.
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