Lost evidence is more or less a deal breaker when litigating a case, but the Fifth Circuit Court of Appeals recently ruled that a football helmet at the root of a plaintiff's products liability claim wasn't necessary to prove a design defect in this game-changing opinion.
The case emerged from an injury that the Appellant A.K.W. sustained during a high school football scrimmage. A.K.W.'s coaches were trying him out at a new position during practice. On the final play of the scrimmage, A.K.W. stepped up to tackle the opposing side's quarterback and was aided in that tackle by two of his teammates.