TENNESSEE: Appeals court orders reconsideration of dismissed suit against Memphis helmet manufacturer

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http://www.whnt.com/news/sns-ap-tn--motorcyclehelmets,0,5648973.story


Appeals court orders reconsideration of dismissed suit against Memphis helmet manufacturer...

By Associated Press
 December 27, 2010
MEMPHIS, Tenn. (AP) — An appeals court has ruled the federal court in Memphis must reconsider a dismissed lawsuit against a motorcycle helmet manufacturer.
Robert Fabian sued Memphis-based Fulmer Helmets, Inc., after a friend who had purchased a used helmet from him died from severe brain trauma in a motorcycle crash.
Fabian claims in the April 2009 suit that the helmets had failed a safety test by the National Highway Traffic Safety Administration but were misrepresented as safe.
The U.S. District Court in Memphis previously dismissed Fabian's claim. The 6th Circuit Court of Appeals in Cincinnati overturned that ruling on Thursday.
Fabian seeks class action status for the suit, which asks for a refund and disgorgement of profits.