Appeals Court Affirms Ruling for Helmet Manufacturer, Retailer in Baseball Suit

A California state appeals court has affirmed a lower court’s ruling that absolved Nike of any liability in a case where a baseball player was beaned with a baseball and subsequently sued the sporting goods manufacturer (Nike) and the retailer that sold the helmet.   On September 12, 2004, Justin Fuss-McCullough and his stepfather purchased a Nike baseball helmet at a Big 5 Sporting Goods store. Less than three hours later, then-13 Justin used that helmet at a baseball game. In his first