Preview

Wilson Sporting Goods Co. V. Hickox Case Study

Good Essays
Open Document
Open Document
602 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Wilson Sporting Goods Co. V. Hickox Case Study
Wilson Sporting Goods Co. v. Hickox, 59 A.3d 1267
(District of Columbia Court of Appeals, 2013)

Facts: Edwin Hickox attended a Major League Baseball retreat for umpires, where he received an umpire’s mask from a Wilson Sporting Goods Company representative. The Wilson representative claimed the mask had a new, safer design. Mr. Hickox wore the mask months later while working as an umpire for a game in Washington, D.C. During the game, the mask was struck by a foul-tipped ball. Mr. Hickox suffered a concussion and a damaged inner ear joint from the impact. The injuries caused Mr. Hickow to have permanent hearing damage with mild to moderate severity. The Hickoxes claimed the new throat guard design on Wilson’s mask was the contributing factor in Mr. Hickox’s jaw receiving most of the ball’s concentrated energy.
…show more content…
Wilson claims the injury would have occurred even if the mask had no throat guard at all. Wilson stated the mask performed its design by deflecting the ball away from Mr. Hickox’s face. The Hickoxes filed a suit against Wilson for product liability based on a defective design. The suit was filed in a District of Columbia court. The jury ruled in favor of the Hickoxes, awarding Mr. Hickox $750,000 and Mrs. Hickox $25,000. Wilson filed an appeal, arguing that there was insufficient evidence to support the court’s ruling.

Issue: Was there enough evidence to support the trial court’s ruling that Wilson’s throat guard design was responsible for Mr. Hickox’s injuries?

Decision: Yes. The District of Columbia Court of Appeals affirmed the trial court’s verdict.

Reason: Wilson agreed with the jury being instructed to use the consumer-expectation test to determine if the evidence was sufficient. The consumer-expectation test contends that if a product is used in an intended or reasonably foreseeable manner and it fails

You May Also Find These Documents Helpful

  • Good Essays

    Appeal and Hobby Lobby

    • 927 Words
    • 4 Pages

    Appellee met with an accident in appellant’s store when her feet became entangled in plastic strips. Appellee alleged that appellant was negligent and claimed…

    • 927 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    The Commerce Clause allows Congress the authority to regulate the price of wheat to the extent that farmers could produce wheat to meet their own home needs, the demand for wheat is affected. While Filburn’s production alone may have a minimal effect on commerce, the combination of these minimal productions would have a substantial effect on commerce. Although Filburn’s planting is local it can still be regulated by Congress as it has the potential to have a substantial economic effect on commerce, regardless whether that affect is direct or indirect.…

    • 473 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Ruth Bader Ginsburg, born Joan Ruth Bader, was born in New York, New York on March 15, 1933. She was the daughter of Russian immigrants Nathan and Celia Bader. Her father owned a small clothing shop while her mother cared for Ginsburg and her older sister, who died of meningitis at age 6. Her mother took a vested interest in Ginsburg’s education. While Ruth was in school, her mother noticed many of the girls in her class were also named Joan, so she suggested that her daughter be called Ruth instead. At age 15, Ginsburg graduated from high school. Her mother died before she could see her graduate high school. Ginsburg met her husband Martin while she was attending Cornell University her freshman year.…

    • 1163 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Cooper V. Austin

    • 864 Words
    • 4 Pages

    Philip J. Cooper v. Charles Austin 837 S. W. 2d 606 (Tenn. Ct. App. 1992)…

    • 864 Words
    • 4 Pages
    Good Essays
  • Better Essays

    In 2012, a family called the Greens ran Hobby Lobby, which is a craft store. This family are Christians and have strong faith in what they believe in. Being a very religious family, that they believe that giving or promoting contraceptives, will make them seem as if they are going against their own belief (Oyez, 2013). Contraceptives are artificial methods or various techniques to prevent pregnancy due to sexual intercourse, so the Greens family refuse to provide those things to their workers. This is where the Greens family is furious to give these types of protection to their workers, so they sued.…

    • 1166 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Baptist V. Sampson

    • 1142 Words
    • 4 Pages

    Sampson decided to sue both Dr. Howle and Dr. Zakula for medical malpractice as well as sue the Baptist Memorial Hospital System, also known as the BMHS, where the Southeast Baptist Hospital is a member. Sampson sued “for negligence in failing to properly diagnose and treat her, failing to properly instruct medical personnel in the diagnosis and treatment of brown recluse spider bites, failing to maintain policies regarding review of diagnoses, and in credentialing Dr. Zakula as well as hold the Hospital vicariously liable for Dr. Zakula’s alleged negligence under an ostensible agency theory (Phillips, 1997).” During the discovery phase, Dr Howle was nonsuited by Sampson. Furthermore, the trial…

    • 1142 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    PSY328 final proposal

    • 1936 Words
    • 6 Pages

    Wrightsman, L. E., Kassin, S.M, Willis, C.E (Ed.). (1987). In the jury box: Controversies in…

    • 1936 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    I believe the pressures mentioned in the book can be used to the company’s advantage, but it can also not be used to the company’s advantage. When the case talked about Kimberly-Clark trying to reduce the store’s inventory but not have empty shelves that is a company advantage because it benefits both Kimberly-Clark and Costco financially. When the case mentioned the cancelling of orders that would not be an advantage for Kimberly-Clark. If the truck delivers at the wrong time or delivers when an order is cancelled, that is money lost and inventory that will not be used.…

    • 98 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Unit 3 Firac Case Brief

    • 893 Words
    • 4 Pages

    ANALYSIS: The court cited in the decisions of Civ. Code, sec. 2219 Pierce V. Robinson, 13 cal. 127 Kimball V. Tripp, 136 Cal. 634, 635 Knight V. Tripp, 121 Cal. 674 Davies V. Otty, 35 Beav. 213…

    • 893 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    The parents of a 16-year-old youth who died after a football game last fall, say he was forced to take the field with a sub standardized helmet. Damon W. James, attended Westfield Academy and Central School. Damon staggered to the sideline during his Westfield/Brocton football team’s lopsided loss to Portville. On September 13. He collapsed there and died three days later in Buffalo’s Women & Children’s Hospital. Initial reports had Damon suffering to a serious helmet-to-helmet collision, which likely inflicted a fatal brain injury.(Buffalo News 1). People say that he also had a serious blow to the head in the prior week’s game at Randolph left him vulnerable to a life-threatening hit in a later contest. Damon’s lawyer stepped out of the room…

    • 667 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Law and Environment

    • 260 Words
    • 2 Pages

    The judge has made a judicial error by allowing the Plaintiff's counsel to comment on the case about Minichiello's boss being a German with an "attitude of hatred" and made forced analogies to Nazi Germany and the Holocaust. The judge also allowed irrelevant testimony, which asserted that the Club discriminated against Latinos, Jews, and African-Americans, to the issue of discrimination based on sexual orientation. I agree that awarding $20,000,000 was grossly excessive and has no rational basis, and was an error by the judge as well.…

    • 260 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    The plaintiffs’ proposal for allocating the award did not account for elimination of uninjured individuals. Tyson argued that the plaintiffs should be required to identify all uninjured members in the case so that only those injured are awarded. The Supreme Court further held that “the question whether uninjured class members may recover is one of great importance,” but that since awards had not been dispersed and nothing was brought forward on how the award would be distributed, that Tyson “may raise a challenge to the proposed method of allocation when the case returns to the District Court.” [footnote] The Court also raised the point that since Tyson opposed the plaintiffs’ request to bifurcate the liability and damage phases of the trial, and insisted on a single case award, that they made it “difficult to remove uninjured individuals from the class after an award is rendered”…

    • 1259 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    Consumer Protection Cases

    • 806 Words
    • 4 Pages

    Federal court rules Telephone Consumer Protection Act does not apply to commercial SMS text messages sent to cellular phones. The ruling came a few weeks ago in Satterfield v. Simon & Schuster, No. C 06-2893 CW, 2007 U.S. Dist. LEXIS 46325 (N.D. Cal. June 26, 2007), a case involving the transmission of an SMS text message promoting a popular author's "mobile club" to a cellular phone used by a seven-year-old child. The defendants, the publishing company that contracted for the transmission of the promotional messages and the service provider that actually sent the messages, argued that the subscriber, the child's mother, had consented to the transmission of promotional messages when, in order to receive a free ringtone, she checked the box in an online form labeled "Yes! I would like to receive promotions from Nextones affiliates and brands…."…

    • 806 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    Mouthguards In Sports

    • 885 Words
    • 4 Pages

    Dental injury rate during sporting events has been found to be significantly decreased with appropriate mouthguard usage according to a study done by Knapik et al. (2007). Mouthguard usage dates back to the early 1920’s when boxing became the first sport to mandate the use of mouthguards in consequence to the rise in dental injuries (Knapik et al. 2007). Due to the amount of dental injuries induced from sporting events, the American Dental Association (ADA) mandated the use of mouthguards specifically for high school football players in the United States in 1962 (Knapik et al. 2007). Since the ADA mandated mouthguard usage in 1962, several studies have shown a decrease in the percentage of dental injuries in football from 50% to .5% (Knapik…

    • 885 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Hanson Industries A Case

    • 1083 Words
    • 6 Pages

    1. Examine Hanson’s history (beginnings, competitive environment, product, technology) its goals and objectives, and the strategies – manufacturing, marketing, and financial – it has employed to pursue its goals and objectives.…

    • 1083 Words
    • 6 Pages
    Powerful Essays