The plaintiff ’s children purchased an Aero Cycle exercise bike for their mother to use in a weight-loss program. The Aero Cycle bike was manufactured by DP and purchased from Walmart. The first time the plaintiff, Judy Dunne, used the bike, she used it only for a few seconds. But the second time she used it, she pedaled for three or four rotations, after which the rear support strut failed and the bike collapsed under her. At the time of the accident, the plaintiff weighed between 450 and 500 pounds. She fell off the bike backward, struck her head on a nearby metal file cabinet, and was knocked unconscious. When the plaintiff regained consciousness, her mouth was bleeding and her neck, left shoulder, arm, leg, knee, and ankle were injured. The plaintiff was diagnosed as having a cervical strain and multiple contusions. She filed suit against Walmart and DP. Explain whether the plaintiff should prevail.
Already registered? Login
Not Account? Sign up
Enter your email address to reset your password
Back to Login? Click here