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HART v. YAMAHA-PARTS DISTRIBUTORS, INC.

No. 84-7801.

787 F.2d 1468 (1986)

Ronald Basil HART, Jr., Plaintiff-Appellant, v. YAMAHA-PARTS DISTRIBUTORS, INC., Yamaha International Corporation, Yamaha Motor Corporation, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 28, 1986.

Attorney(s) appearing for the Case

Mickey L. Johnson and Richard W. Bell, Bell & Johnson, Pelham, Ala., for plaintiff-appellant.

Thomas R. Elliott, Jr., London, Yancey, Clark & Allen, Birmingham, Ala., for defendants-appellants.

Before HILL and CLARK, Circuit Judges, and MOYE, Chief District Judge.

HILL, Circuit Judge:

FACTS

Appellant sued defendant Yamaha Motor Corporation, U.S.A. ("YMC/USA") and various fictitious defendants in Alabama state court for injuries he sustained as a result of a motorcycle accident. He rested his claim upon the Alabama Extended Manufacturers Liability Doctrine, negligence and willful misconduct in the defective design and manufacture of the motorcycle.

Alabama permits fictitious party pleading. Ala.R.Civ.P. 9(h...

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