Can we agree on a couple of things---
---The case presented in court is a carefully filtered description of what really happened.
---The newspaper report is a much less carefully filtered account of the previously filtered court case.
---We have no idea of her helmet, it could have been a novelty faux-helmet or a half-helmet with the (marginal IMO) DOT cert or maybe even a 3/4 or full helmet, of which none is perfect.
---And, maybe, Harley should not have anything that said "ABS" on a non-ABS bike. We've all known some people that come to the goofiest conclusions....
DOT only tests the top half of the helmet, therefore half-helmets can pass. The certification is self-certified, and DOT actually has a few tested each year. Here is an out of date list which shows how some fail: