SMITH AND MARSH V. BELL SPORTS, INC.
934 F. Supp. 70 (1996)
NATURE OF THE CASE: Bell (D), helmet manufacturer, filed a motion to dismiss Smith and
Marsh (Ps), couple', action for negligence, strict products liability, and breach of
warranty, and the female partner's action for loss of consortium and negligent infliction of
emotional distress following an automobile race accident.
FACTS: Dale Smith (P) was injured in an auto race at Watkins Glen on July 21, 1991. Ps
have alleged it was caused by a defective helmet manufactured by D. D now moves to dismiss
the actions pending before the Court. D contends that under the controlling law Ms. Marsh's
(P) loss of consortium and negligent infliction of emotional distress claims must be
dismissed because they are not legally cognizable. Smith and Marsh are not married.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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