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SMITH v. BELL SPORTS, INC.

Nos. 95-CV-6569L, 96-CV-6091L.

934 F.Supp. 70 (1996)

Dale SMITH and Susan Marsh, Plaintiffs, v. BELL SPORTS, INC., John Doe Corporations I Through X, fictitious distributors and/or component parts manufacturers whose names are presently unknown, Defendants.

United States District Court, W.D. New York.

August 8, 1996.

Attorney(s) appearing for the Case

William D. Sanders, David J. Novack, Budd, Larner, Gross, Rosenbaum, Greenberg & Sade, Short Hills, NJ, for plaintiffs.

Joseph D. Giacoia, Capuder & Arnoff, P.C., New York City, for defendants.

DECISION AND ORDER

LARIMER, Chief Judge.

INTRODUCTION

This action arises from plaintiff Dale Smith's injury in an auto race at Watkins Glen on July 21, 1991, allegedly caused by a defective helmet manufactured by Bell Sports, Inc. ("Bell"). On July 20, 1994 — the last day of the limitations period for their negligence and product liability causes of action — Dale Smith and Susan Marsh filed a complaint in the Western District...

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