TAMPA -- A father is suing a motorcycle business after son's helmet allegedly malfunctioned.
Charles Robert Poole, and plenary guardian of Dustin Poole, filed a complaint on August 19 in Hillsborough County Circuit Court against Dianese USA, Inc. and Barney's Motorcycle Sales, Inc. for strict liability and negligence.
According to the complaint, on April 9, 2019, Dustin Poole purchased an AGV K1 Multi motorcycle helmet from Barney's. On the morning of January 31, 2020, Poole was driving his motorcycle to work and was allegedly wearing the Subject Helmet properly and in accordance with all warnings and instructions when he was involved in an accident.
During impact, the helmet allegedly flew off of Dustin Poole's head, despite him wearing it as recommended. Dustin Poole suffered a severe, catastrophic traumatic brain injury because of the subject Helmet’s inexplicable and unexpected retention failure, the suit says.
The Pooles seek pre-judgment interest as allowed by law; post-judgment interest as allowed by law; actual damages; costs and expenses of suit; and any other such relief, at law or equity. The Pooles are represented by Shane A. Newlands of Newlands and Clark.
Circuit Court of the Thirteenth Judicial Circuit in and for the County of Hillsborough filing number 133062128