Nevada Supreme Court
Plaintiff was burned during a motocross bike accident, and sued LeMans, the manufacturer of his motocross clothing, because the clothing was not flame-retardant. The trial judge allowed plaintiff to testify about plaintiff's own subjective expectation of safety as opposed to the ordinary objective expectation of a reasonable consumer. (Notably - the defendant manufacturer contends that the clothing was NOT advertised as fire-retardant).
Status: SETTLED. Amicus brief filed in support of LeMans on 04/27/09.