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Products Liability Keyed to Fischer, 6th Ed.
Allenberg v. Bentley Hedges Travel Serv., Inc.
Citation:
22 P.3d 223 (2001)Facts
On July 16, 1997, Ava Pattee Allenberg and her daughter, Gwinn Norman, were passengers in a used shuttle bus operated by Bentley Hedges Travel Service. The bus had been purchased from Arkansas Bus Exchange, a commercial seller of new and used shuttle buses. While en route to the airport, the driver ran a red light, causing a collision with other vehicles. Both passengers were seated on the left side of the bus facing the center aisle. The bus was not equipped with seat belts, and both passengers were thrown from their seats and injured. Ava Allenberg died a few days after the accident. The plaintiffs alleged that Arkansas Bus Exchange had distributed and sold a defective, unreasonably dangerous shuttle bus because it lacked seat belts, adequate handholds, and secured luggage compartments. Arkansas Bus Exchange maintained that it had purchased the shuttle bus in used condition and had not warranted, reconditioned, changed, altered, modified, or rebuilt the bus before selling it to Bentley Hedges, other than routine maintenance like changing oil and tires.
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