China Auto Case

I. Facts - In August 1994, Levi Mohney purchased a black Cooper SK 2000 helmet manufactured by Bauer. Mohney also purchased and installed a Jofa Face Mask and installed it onto his helmet sometime between August 1994 and May 21, 1995. Mohney was not instructed by Bauer to install the mask and he would attach it in such a manner that it was installed asymmetrically and too far off the front of the helmet (35 millimeters v. 19 millimeters). On May 21, 1995, at a try-out camp in Toledo, Ohio, Mohney and another player were chasing the puck to attempt to prevent an icing call. Mohney was in front of the opposing player as they approached the boards and the puck. The other player made contact with Mohney and consequently, Mohney struck the boards head first and suffered an injury at the C5-C6 level and he would become quadriplegic. The right-hand side J-clip that attached the mask to the helmet was never recovered.

II. Procedure - Plaintiff’s filed suit in 1997. In 1999, Judge Katz granted summary judgment in favor of all defendants on the basis of a “Release of Liability/Acknowledgement of Risk” signed by Levi Mohney and his father Timothy prior to joining the Indianapolis Amateur Ice hockey team in the fall of 1994. The district court’s 1999 decision was affirmed in part and reversed in part by the US Court of Appeals for the 6th Circuit, which remanded the case to the district court so that the products liability claim against Bauer and the mask manufacturer (Jofa) could be heard.

III. Issue - The central question brought to the appellate court is whether the plaintiff’s claims of product liability, failure to warn, and consumer expectation against Bauer are justified because Levi Mohney struck the boards with his head up, face forward, and sustained a serious spinal injury after the Jofa mask failed to absorb the impact.

IV. Holding