Scott Allan Abbott B/N/F Judith K. Abbott

On June 12, 1981, Plaintiff-Appellant Scott Allan Abbott, aged 11, was riding a Honda ATC-70, three-wheeled, all-terrain motorcycle on his fathers property near his home. As the Plaintiff was going up a hill, the vehicle lost its speed and power and Scott Abbott thereupon applied the brakes. Subsequently he released the brakes and began to ease the motorcycle backwards down the hill. The motorcycle then began to pick up speed, causing the Plaintiff to reapply the brakes. As a result of this action the front wheel came off of the ground, resulting in the Plaintiffs falling or being thrown over the back of the vehicle and onto the ground. The vehicle, in continuing its backwards and downhill movement, then passed over Abbott and seriously burned him when the unshielded underside of the exhaust pipe came into contact with him. The resulting burns are alleged to have caused permanent scarring and injuries, both physical and emotional.