Pietrone v. American Honda Motor Company, Inc.

189 Cal. App. 3d 1057 (1987)

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Nature of the Case

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Facts

P was a passenger on her husband's 1974 Honda CB 450 motorcycle. A driver of an oncoming automobile began a U-turn. Her husband moved to the right in an unsuccessful attempt to avoid the vehicle. The auto's bumper struck the lower portion of P's left leg, breaking it. P's now unstable leg came into contact with the exposed spokes of its rear-wheel behind the shock absorber. P's foot 'caught the shock absorber, which brought it back in again,' lodging it tightly into the equally open area located in front of the shock absorber and above the chain guard. P was freed only after firemen arrived armed with a 'jaws of life' with which they were able to cut away the shock absorber. As a result of her experience, it was necessary for this 21-year-old plaintiff to undergo a below-the-knee amputation of her leg. After presenting the evidence, P rested. D pined that P had failed to prove her case. D produced no additional evidence, other than that which has been produced on cross-examination of the witnesses called by P and will moved the court for a directed verdict. D stated there had been no expert testimony that would indicate any way, any method, that this motorcycle could have been designed, in order to prevent the unusual type of injury that occurred in this particular case. The trial court determined P had presented sufficient evidence to submit the design issue to the jury. D made no effort to present a defense. P got the verdict and D appealed.