FJELSTAD v. AMERICAN HONDA MOTOR CO., INC.

Nos. 84-4058, 84-4059, 84-7419 and 84-726.

762 F.2d 1334 (1985)

Heather FJELSTAD, a minor, et al., Plaintiffs/Appellees, v. AMERICAN HONDA MOTOR CO., INC., and Honda Motor Co., Ltd., Defendants/Appellants. HONDA MOTOR CO., LTD., Petitioner, v. UNITED STATES DISTRICT COURT FOR the DISTRICT OF MONTANA, Respondent, and Heather Fjelstad, a minor, et al., Real Parties In Interest. AMERICAN HONDA MOTOR CO., INC., Petitioner, v. UNITED STATES DISTRICT COURT FOR the DISTRICT OF MONTANA, Respondent, Heather Fjelstad, a minor, et al., Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Decided June 11, 1985.

As Amended on Denial of Rehearings June 24 and June 25, 1985.


Attorney(s) appearing for the Case

James A. Poore, III, Poore, Roth & Robinson, P.C., Butte, Mont., Randall H. Bellingham, Moulton, Bellingham, Longo & Mather, Billings, Mont., Irving H. Greines, Kent L. Richland, Greines, Martin, Stein & Richland, Beverly Hills, Cal., for defendants-appellants.

Donald W. Molloy, Billings, Mont., Theodore R. Dunn, Goetz, Madden & Dunn, Bozeman, Mont., for plaintiffs-appellees.

Before FARRIS, ALARCON and FERGUSON, Circuit Judges.


FARRIS, Circuit Judge.

BACKGROUND

This personal injury action arose from a collision between a Honda motorcycle driven by the minor plaintiff, then age twelve, and a farm implement called a tractor-ditcher. In their first amended complaint, the plaintiffs asserted theories of negligence and product liability against American Honda Motor Co., Inc., the distributor of the motorcycle, and Custom Products of Litchfield, Inc., the manufacturer of the tractor...

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