Cordy v. Sherwin Williams Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that railroad track raised seven-eighths of an inch above roadway surface not a dangerous condition for bicycle riders
• noting that nothing in federal or state law alerts adult cyclists that’ their rights may be prejudiced by failure to wear a helmet, finding fewer safety concerns with helmet-less biking and rejecting analogy to seat belt laws
• calling Sunbelt’s expert’s opinions “speculation,” challenging the thoroughness of the expert’s opinion regarding the nonuse of the seat belt
• “[W]e hold that an adult bicyclist’s failure to wear a helmet is not a failure to mitigate damages.”
• “Assumption of risk and contributory negligence are no longer valid defenses under New Jersey law, and thus those defenses will be dismissed.”

Source: CourtListener parenthetical corpus (CC0).