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Moore v. Athletic Helmet Inc.

March 24, 1998

MOORE V. ATHLETIC HELMET, INC.


Before McMILLIN, P.j., Herring, And Hinkebein, JJ.

The opinion of the court was delivered by: Hinkebein, J.

ALLEN MOORE, APPELLANT v. ATHLETIC HELMET, INC., APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 05/05/95

TRIAL JUDGE: HON. MARCUS D. GORDON

COURT FROM WHICH APPEALED: LEAKE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - PERSONAL INJURY

TRIAL COURT DISPOSITION: VERDICT FOR DEFENDANT, MOTION FOR NEW TRIAL DENIED

DISPOSITION AFFIRMED- 3/24/98

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

This products liability action arose out of Allen Moore's [Moore] injury during a high school football game on September 22, 1989. Four years after being rendered a quadriplegic, Moore filed a complaint in the Hinds County Circuit Court which alleged that a design defect in his helmet, manufactured by Athletic Helmet, Inc. [AHI] failed to adequately guard against such injuries. Following a change of venue to Leake County, the case was finally tried in May 1995 to a defense verdict. Moore now appeals the jury's determination the following grounds:

I. THE TRIAL COURT ERRED IN ALLOWING EXPERT TESTIMONY OF MR. HALSTEAD ON MATTERS WHICH HAD NOT BEEN DISCLOSED DURING DISCOVERY.

II. THE TRIAL COURT ERRED IN ALLOWING DR. RUSH TO GIVE EXPERT TESTIMONY WHERE HE WAS NEVER LISTED AS AN EXPERT WITNESS IN RESPONSE TO PLAINTIFF'S INTERROGATORIES.

III. THE TRIAL COURT ERRED WHEN IT SELECTED THE JURY FOREPERSON INSTEAD OF ALLOWING THE JURORS TO CHOOSE AMONG THEMSELVES.

Holding these assignments of error to be without merit, we affirm the judgment ...


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