Allenberg v. Bentley Hedges Travel Serv. Inc.

22 P.3d 223 (2001)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D arranged transportation to the airport for P and her daughter, Gwinn, in a used shuttle bus which it had purchased from Arkansas Bus Exchange (D). The driver of the bus ran a red light causing the bus to collide with other vehicles in an intersection. The bus was not equipped with seat belts, and the passengers were flung from their seats and injured in the collision. P died a few days after the accident. P sued Bentley (D) and the driver of the bus alleging that they were negligent. P also sued Arkansas Bus (D) alleging that it had distributed and sold a defective, unreasonably dangerous shuttle bus because the bus was not equipped with seat belts, adequate handholds, or secured luggage compartments. Arkansas Bus (D) eventually filed motions for summary judgment arguing that the doctrine of manufacturers' products liability is inapplicable to commercial sellers of used products. The court granted the motion finding that the shuttle bus was a used vehicle when Arkansas Bus (D) purchased it and that it did not alter, modify, rebuild or restore the bus. P appealed.