Madison - St. Clair Record

Saturday, March 28, 2020

Motorcyclist seeks default judgment in suit alleging helmet was defective


By Heather Isringhausen Gvillo | Nov 12, 2018

Joseph Richards claims he suffered a brain injury following an Alton crash while wearing a helmet by Daytona Helmets.

A motorcyclist seeks default judgment against a helmet manufacturer in a suit alleging he suffered a severe brain injury due to defective gear.

Plaintiff Joseph Richards filed a motion for default judgment against Daytona Helmets on Oct. 30 through attorney Lanny Darr of Darr Law Offices in Alton.

Richards argues that Daytona Helmets was served with the complaint on Aug. 22 and an answer to the complaint was due Sept. 21.

However, the defendant has failed to enter an appearance.

Richards filed his complaint on Aug. 17 against Daytona Helmets Inc., Lee Ann Nicole Wiley, doing business as Freaky Nicky’s Custom Cycle Shop, and Freaky Nicky’s Custom Cycle Shop.

In his complaint, Richards alleges he purchased a motorcycle helmet at Freaky Nicky’s Custom Cycle Shop in Alton that had been manufactured by Daytona Helmets. He claims he was wearing the helmet on Sept. 24, 2016, when he was involved in a motorcycle crash on Broadway in Alton.

Richards alleges he sustained a severe traumatic brain injury due to the defective helmet, but sustained no other life threatening or disabling physical injuries.

Richards alleges Daytona Helmets failed to label the helmet as not suitable for highway use, failed to warn end stage users that the helmet was not safe for highway use and failed to manufacture the helmet to sustain reasonable and expected forces.

The plaintiff alleges Wiley and Freaky Nicky’s Custom Cycle Shop negligently presented and sold the helmet in question by placing DOT approved helmets with those not suitable for roadway use. He also alleges the defendants failed to warn him that the helmet was not suitable for road use.

Madison County Circuit Court case number 18-L-1071

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Darr Law Offices Ltd.