Question
Messenger operates a messenger service in Atlanta and has two employees who deliver their messages on motorcycles. Retailer owns a motorcycle sales and repair business,
Messenger operates a messenger service in Atlanta and has two employees who deliver their messages on motorcycles. Retailer owns a motorcycle sales and repair business, selling new and used motorcycles and repairing and rebuilding them. When Messenger approaches Retailer to discuss the purchase of a motorcycle for use in the former's messenger service, Retailer offers to sell a rebuilt bike that was involved in a collision. The collision destroyed the front portion of the motorcycle, which was manufactured by the Yamahashi Corporation Retailer rebuilt the front wheel assembly using parts manufactured by the Harold Davidoff Parts Company (HDP) with a front fork built in his own machine shop.
Three weeks after Messenger purchased the rebuilt motorcycle, Employee was riding it on the freeway while making a delivery. The front fork buckled, causing a spill which severely injured Employee. Messenger's delivery business was reduced in volume by one-third for two weeks until a substitute was found for Employee.
If Employee asserts a claim based on negligence against Retailer, he will probably:
A. Not recover, because REtailer did not owe a duty to Employee.
B. NOt recover, unless Messenger told REtailer that Employee would be using the motorcycle.
C. Recover, because the defect was present when the Motorcycle left Retailer's control.
D. Recover, if it was well known in the motorcycle repair industry that the HDP parts could not be used in a front fork because they cannot support the necessary weight.
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