Cowboy Motorsports demands jury trial in suit over defective motorcycle helmet

By David Yates | Oct 12, 2012

Cowboy Motorsports has demanded a jury trial in litigation brought by Wendall and Frances Hulse, who sued the makers and distributors of a motorcycle helmet, alleging the helmet was not equipped with “critical injury prevention technology.” 

As previously reported, the suit was filed June 21 in Jefferson County District Court and also names Hongjin Crown Corp. as a defendant.

Court records show that Cowboy Motorsports filed a jury demand on Aug. 16.

That same day, the company also filed an original answer, asserting a general denial and maintaining that the incident was caused by the negligence of Wendall Hulse.

The lawsuit alleges that on Sept. 22 Wendall was injured in a motorcycle crash. The helmet he was wearing was purchased at Cowboy Motorsport and manufactured by HJC.

“Plaintiffs contend that the helmet was defective and that is was not equipped with critical injury prevention technology,” the suit states, adding that the helmet’s defects were the producing causes of Wendall’s injuries.

The suit does not state how Wendall’s wreck occurred but does allege the defendants were aware of the helmet’s defects and negligently placed it into the stream of commerce.

Wendall is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Frances is suing for mental anguish damages.

Houston attorney John Stevenston Jr. of Stevenson & Murray represents them.

Cowboy Motorsports is represented by attorney Nicholas Zito of the Houston law firm Ramey, Chandler, Quinn & Zito.

Judge Milton Shuffield, 136th District Court, is assigned to the case.

Case No. D192-606

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