October 2, 2019 – United States District Court, Southern District of California, San Diego
Judge Marilyn Huff ordered dismissal with prejudice in favor of Fox and its co-defendant retailer on all claims brought by Plaintiff Renee Plunkett as an individual and the heir of the estate of her late husband, Scott Plunkett.
Mr. Plunkett died tragically competing in an off-road vehicle race. He hit an obstruction on the desert surface causing him to be propelled over his ATV’s handlebars and to crash headfirst. Plaintiff sued Fox in California state court for wrongful death as the manufacturer of the helmet Mr. Plunkett was wearing during the crash claiming that Fox’s helmet was defective because it did not prevent Mr. Plunkett’s injuries.
After a thorough investigation, Fox removed the case to federal court under the federal enclave doctrine and moved for summary judgment based on Plaintiff having failed to meet her burden to establish a manufacturing or design defect in the helmet or that Mr. Plunkett’s injuries were attributable to any such defect under the applicable law. When the time for Plaintiff’s opposition to the motion came due, and despite a prior seven figure settlement demand, Plaintiff agreed to a stipulated dismissal of the action with prejudice for no money and a waiver of Fox’s defense costs.