May-Carmen v. Dynacraft Industries
This product liability appeal follows a defense verdict after a nine-week jury trial in which eight minors, by and through their guardians ad litem, claimed that the quick-release mechanism on their mountain bicycles was defective and caused the front wheels to detach. Appellants brought suit for strict liability and negligence against Wal Mart Stores, Inc. (Wal-Mart), Dynacraft Industries, Inc. (Dynacraft), and Carl Warren & Co. (Carl Warren), and further claimed that respondents intentionally misrepresented and conspired to conceal prior similar accidents.
Appellants contend the trial court committed reversible error by (1) excluding a liability witness; (2) excluding evidence that respondents violated the Consumer Product Safety Act (CPSA); (3) failing to sufficiently abate or cure misconduct by Wal-Marts counsel; and (4) admonishing the jury to disregard the accidental breaking of a quick-release cam lever on a bicycle during deliberations. Court find none of the arguments has merit, and thus affirm the judgment.