Ronald Johnson, who is doing business as The True Wheel Bicycle Technologies International Ltd.; Snowshoe Mountain Inc.; and Intrawest Snowshoe Development Inc. were also named as defendants in the suit.
On April 1, 2014, Tory Walker Hallgren purchased a helmet from Johnson that was distributed by South Shore and Bicycles Technologies that was called an Endur-O-Matic with the registered trade name URGE Bike Products, according to a complaint filed Sept. 22 in Mercer Circuit Court.
Bruce B. Hallgren claims the helmet was made in China and was defective in its design because it did not have sufficient structure to prevent deformation, collapse and/or perforation in the event it was worn during an accident and the helmet impacted objects or the ground during an accident.
This defect caused the helmet to be unreasonably dangerous for its intended use because consumers, like Tory Hallgren, who utilized the helmet while biking, had a substantial increase in the risk of severe damage to her body, particularly her head and skull, when the helmet impacted objects or the ground and deformed, collapsed or perforated while the body was in motion as a result of the accident, according to the suit.
Bruce Hallgren claims on Sept. 27, 2014, Tory Hallgren was riding his bicycle on lower Dreamweaver trail at Snowshoe Resort and was wearing his helmet when he was involved in an accident.
As a result of the accident, Tory Hallgren was thrown from his bicycle to the ground, where the helmet impacted a rotten log on the ground, deformed and crushed inward and snagged on the end of the rotten log, according to the suit.
Bruce Hallgren claims Tory Hallgren suffered severe injuries to his head and skull, which resulted in his death the following day at Roby Memorial Hospital in Morgantown.
The helmet sellers and distributors breached their implied warranty of merchantability and fitness for the intended purpose since it was sold with defects in design which rendered it unreasonably dangerous, according to the suit.
Bruce Hallgren claims the owner and operator of the bike park was negligent in its design and maintenance of the bike part.
Bruce Hallgren is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Anthony R. Veneri of Veneri Law Offices.
The case is assigned to Circuit Judge Derek Swope.
Mercer Circuit Court case number: 16-C-311