Allenberg v. Bentley Hedges Travel Serv., Inc.
Oklahoma Supreme Court
22 P.3d 223 (2001)
- Written by Serena Lipski, JD
Facts
Ava Pattee Allenberg and her daughter, Gwinn Norman (plaintiff), were riding on a shuttle bus that was in an accident. Allenberg and Norman were thrown from their seats, and Allenberg died a few days later. Bentley Hedges Travel Serv., Inc. (Bentley) (defendant), the owner of the shuttle bus, bought the shuttle bus from Arkansas Bus Exchange (Arkansas Bus) (defendant). Arkansas Bus had bought the shuttle bus used, and it did not alter, modify, rebuild, or restore the bus before selling it to Bentley. Norman filed a lawsuit individually and another lawsuit as the personal representative of Allenberg’s estate (plaintiff) alleging products-liability claims against Arkansas Bus. Norman claimed the shuttle bus was unreasonably dangerous because it lacked seat belts, adequate handholds, and secured luggage compartments. Arkansas Bus moved for summary judgment, arguing that products liability did not apply to a commercial seller of a used good that was not altered or modified before resale. The trial court granted Arkansas Bus’s motion for summary judgment. Norman appealed.
Rule of Law
Issue
Holding and Reasoning (Kauger, J.)
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