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Products Liability Keyed to Fischer, 6th Ed.
Acosta v. Honda Motor Co., Ltd.
Citation:
717 F.2d 828 (1983)Facts
In early 1976, plaintiff Wilfredo Acosta purchased a used Honda CB750 motorcycle that was six years old and had two previous owners. Approximately two months after purchase, Acosta was injured while riding at night on a lighted road in St. Thomas. According to his testimony, he was driving at approximately 30-35 miles per hour when he encountered a repair ditch approximately four inches deep and ten feet long. He slowed down, maintained control, and maneuvered through the ditch, but as he was exiting, the motorcycle’s rear wheel hit the back edge of the ditch and collapsed. Despite his efforts to maintain control, the collapsed rear of the motorcycle jerked into the air, throwing him to the ground. Acosta sustained multiple serious injuries, including four fractured vertebrae, a broken femur, and a punctured liver. He subsequently brought suit against the motorcycle’s manufacturer, wheel manufacturer, and distributor.
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