Nature of the Case
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Facts
P purchased a secondhand 1979 Harley Davidson Sportster Fat Bob motorcycle from a private individual in 'as is' condition. On July 23, 1981, while P was riding an unidentified automobile sideswiped P's left leg. P suffered multiple fractures and severe injuries to his left leg. On May 13, 1983, P filed a two-count complaint against D, alleging that the motorcycle was unreasonably dangerous because it lacked crash bars. D moved for judgment on the pleadings in that motorcycles without crash bars were not unreasonably dangerous as a matter of law. P got leave to amend. P then alleged that the 'Fat Bob' gas tank rendered the motorcycle unreasonably dangerous and that D was negligent in manufacturing, assembling, selling and distributing the motorcycle with a 'Fat Bob' gas tank. (The gas tank caused the legs to point outward). D again moved to dismiss, and the trial court agreed. P appealed.
Holding and Decision
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Legal Analysis
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