Article: U.S. District Court, Western District of New York Case Summaries: October 30, 2009

Products Liability

Third-Party Liability -- Voluntarily Assumed Duty

Schessl v. Franklin Sporting Industries

07-CV-6234

Judge Telesca

Background: Plaintiff Dawn Schessl, on behalf of her son Tyler, brings a personal injury action against defendant Franklin Sports Inc. claiming her son was injured by a defective badminton racquet manufactured by Franklin. She claims that while her son and other children were playing with the racquet during a party at the home of third-party defendants Frank and Judi Coms in Perinton, the head of the racquet dislodged from the shaft and struck Schessl in the forehead, causing him severe and permanent injury. The plaintiff brings causes of action for ...

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