Taggart

Taggart v. Super Seer Corp.

Good Law
1995 Cal. App. LEXIS 358·33 Cal. App. 4th 1697·40 Cal. Rptr. 2d 56·95 Daily Journal DAR 4788·95 Cal. Daily Op. Serv. 2770
Court of Appeal of CaliforniaApril 14, 1995E010011California1,362 words

Opinion

Opinion

Plaintiff Edward L. Taggart (Taggart), a police officer, was thrown from his motorcycle during training. Afterwards, he developed symptoms which were eventually diagnosed as epilepsy. Taggart and his wife Sarah (collectively plaintiffs) then filed this action against Super Seer Corporation (Super Seer), the manufacturer of the helmet Taggart had been wearing when he fell from the motorcycle, alleging causes of action for products liability, negligence, and loss of consortium. The jury found for Super Seer. Plaintiffs filed a motion for judgment notwithstanding the verdict or new trial, which was denied. Plaintiffs filed a timely notice of appeal.

On appeal, plaintiffs contend:

We find no prejudicial error, and we will affirm.

I.

Factual Background

In 1976 or 1977, Taggart joined the San Bernardino police force. In 1985, he transferred from patrol to the motorcycle division. On Wednesday, June 12,1985, as part of his motorcycle training, Taggart was practicing a “decel” (rapid deceleration) maneuver. On one attempt, he braked too hard and was thrown, rolling or tumbling, off the motorcycle. He struck the ground with his right hip, then rolled or slid…

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