Dunne v. Wal-Mart Stores, Inc.

679 So.2d 1034 (La.App. 1996)

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Nature of the Case

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Facts

P's children purchased an Aero Cycle exercise bike for P to use in a weight loss program. It was manufactured by Diversified Products (D1) and purchased from D. P used the bike without incident the first time. Then she mounted it a second time, and it collapsed. At the time of the accident, P weighed between 450 and 500 pounds. She fell off the bike backward, struck her head on a nearby metal file cabinet and was knocked unconscious. P was diagnosed as having a cervical strain and multiple contusions. P had complaints of pain, dizziness, numbness, and sensitivity to light. A doctor prescribed physical therapy, a muscle relaxant, and an anti-inflammatory and advised P to return for re-evaluation in six weeks. P did not return. P sued Ds. D1 manufactured the Aero Cycle to withstand use by adults weighing up to 250 pounds, and this encompasses greater than 98.5 percent of the United States adult population. D1 adheres to the American Society for Testing and Materials (ASTM) standards, and all D1 products are tested and required to meet ASTM standards. D1 tested 440 lbs. to the ASTM standards which meant no weight warning was required. The trial court concluded that 'the use of this exercise bike by a woman of 500 pounds was not reasonably anticipated by [D1].' The trial court found that P failed to carry her burden of proving that the product was unreasonably dangerous as the use of the bike by someone weighing 500 pounds was not a reasonably anticipated use of the product. P appealed.