
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, August 9, 1995                   TAG: 9508090087
SECTION: SPORTS                    PAGE: B-3   EDITION: METRO 
SOURCE: Associated Press
DATELINE: BIRMINGHAM, ALA.                                LENGTH: Short

ALLISON SUIT DISMISSED BY JUDGE

Davey Allison would have survived the crash of his helicopter if he had been wearing his shoulder harness, a federal judge ruled as he threw out a $25 million lawsuit against the craft's manufacturer.

The suit was filed against McDonnell Douglas Helicopter by the race car driver's estate and by Red Farmer, another racer who was a passenger in the helicopter when it crashed July 12, 1993.

Allison, piloting the helicopter, died the next day from head injuries. Farmer broke his collarbone and a rib. The suit alleged that the manufacturer was liable for the death and the injuries.

But U.S. District Judge J. Foy Guin issued a judgment Monday in favor of McDonnell Douglas Helicopter.

The judge did not rule on what caused the crash as the helicopter attempted to land at Talladega SuperSpeedway But iIn a five-page opinion he wrote: ``The uncontroverted testimony of Verne L. Roberts, an expert in biomechanics and kinematics, establishes that Allison would not have suffered the head injuries he ultimately died from had he been wearing the shoulder harness originally provided in the helicopter.''

by CNB