Plaintiffs children purchased an Aero Cycle exercise bike for their mother to use in a weight-loss program.

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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 Wal-Mart. The second time the plaintiff, Judy Dunne, used the bike (the first time she had used it, she used it only for a few seconds), she pedaled for three or four rotations. The rear support strut failed and the bike collapsed under plaintiff. At the time of the accident, plaintiff weighed between 450 and 500 pounds. She fell off the bike backwards, struck her head on a nearby metal file cabinet, and was knocked unconscious. When plaintiff regained consciousness, her mouth was bleeding and her neck, left shoulder, arm, leg, knee, and ankle were injured. Plaintiff was diagnosed as having a cervical strain and multiple contusions. Plaintiff filed suit against Wal-Mart and DP. Explain whether plaintiff should prevail.

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Smith and Roberson Business Law

ISBN: 978-0538473637

15th Edition

Authors: Richard A. Mann, Barry S. Roberts

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