Duty to Warn – Product Liability

By: Derek Hawkins//September 3, 2019//

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7^th Circuit Court of Appeals

Case Name: Donald N. Timm, et al. v. Goodyear Dunlop Tires North America, LTD., et al.

Case No.: 18-2641

Officials: FLAUM, KANNE, and SCUDDER, Circuit Judges.

Focus: Duty to Warn – Product Liability

Donald and Mary Timm sustained serious injuries in a horrific motorcycle accident. Believing defects with the motorcycle and its rear tire caused the accident—and that their injuries were especially severe because of a defect with their helmets—the Timms brought a products liability action under Indiana law against numerous defendants involved in the sale and manufacture of the motorcycle, its rear tire, and the helmets they wore at the time of the accident. Concluding that the Timms failed to present admissible expert testimony to support their claims, the district court entered summary judgment for the defendants. We affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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