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ARTICLE · 07 AUGUST 2014

And The Defense Wins

DRI member John L. Tate won a defense verdict for Leatt Corporation in Scarvelli v. Leatt Corporation, a product liability lawsuit in the Northern District of Ohio.

United StatesLitigation, Mediation & Arbitration

DRI member John L. Tate, of Stites & Harbison PLLC, practicing from Louisville, Kentucky, won a defense verdict for Leatt Corporation in Scarvelli v. Leatt Corporation (Case No. 1:12-CV-00483), a product liability lawsuit in U.S. District Court for the Northern District of Ohio after a two-week trial ending April 17, 2014. Plaintiffs Scott Scarvelli and his parents, Tim and Sherri Scarvelli, alleged that defective product design and failure to warn caused fifteen-year-old motocross rider Scott Scarvelli to suffer multiple spine fractures, causing immediate and permanent paraplegia, when he crashed his dirt bike at a relatively low speed. The accident occurred February 13, 2011. Now eighteen and a high school senior, Scott is almost certain to be confined to a wheelchair for the rest of his life. When the accident occurred, Scott was riding a 250cc motorcycle during a practice session at an indoor motocross track in suburban Cleveland. On his second lap of the morning,

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