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SMITH v. YAMAHA MOTOR CORP., U.S.A.

No. 1313 WDA 2008

5 A.3d 314 (2010)

Jeffrey SMITH and Susan Smith, his Wife, Appellants v. YAMAHA MOTOR CORPORATION, U.S.A., a California Corporation, Yamaha International Corporation, a California Corporation, and Yamaha Motor Manufacturing Corporation of America, a Georgia Corporation, Appellees.

Superior Court of Pennsylvania.

Filed August 18, 2010.

Attorney(s) appearing for the Case

David K. Houck , Pittsburgh, for appellants.

Louis C. Long , Pittsburgh, for Yamaha Motor Corp., appellee.

BEFORE: BENDER, BOWES and CLELAND, JJ.

OPINION BY BOWES, J.:

Jeffrey and Susan Smith appeal from the July 21, 2008 order granting summary judgment in favor of Yamaha Motor Corporation, U.S.A., Yamaha International Corporation, and Yamaha Motor Manufacturing Corporation of America (collectively "Yamaha"). After careful review, we reverse and remand.

At approximately 5:30 p.m. on September 23, 1999, Mr. Smith, an experienced off-road all-terrain-vehicle ("ATV") user, was operating a 1987 Yamaha Big...

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