Caldwell v. Yamaha Motor Co‪.‬

Plaintiff-appellant Craig Caldwell brought suit against Yamaha International Corporation, motorcycle dealer Harold F. Jensen d/b/a City Cycle Center, Yamaha Motor Co., Ltd. of Japan, and Yamaha Motor Corporation, U.S.A., for injuries he received as a result of what he alleges to have been a design defect in a motorcycle manufactured and marketed by the defendants. He assigned liability on theories of breach of implied warranty, negligence and strict liability in tort under § 402A of the Restatement of the Law Second, Torts. The - Page 521 case went to the jury on the theory of strict liability only and thus strict liability under § 402A of the Restatement became the law of the case even though the question of whether or not strict liability under § 402A is the law of this state is not before us for decision. At the close of all the evidence the judge dismissed all claims against defendant Harold F. Jensen d/b/a City Cycle Center. The jury returned its verdict for the defendants on May 20, 1981 and Mr. Caldwell appeals, urging the following issues: