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J. A23016/09

2010 PA Super 154 IN THE SUPERIOR COURT OF PENNSYLVANIA

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 :

No. 1313 WDA 2008

Appeal from the Order Entered July 21, 2008, in the Court of Common Pleas of Armstrong County, Civil Division, at No. 2001-0669. BEFORE: BENDER, BOWES AND CLELAND *, JJ. OPINION BY BOWES, J.: Filed: August 18, 2010

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"). 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-Bear 350 ATV on a trail located near Cherry Run Road, Burrell Township, Armstrong County, when he had an accident. Mr. Smith, who was
*

After careful review, we reverse and

Retired Senior Judge assigned to the Superior Court.

J. A23016/09

wearing a helmet and gloves, was climbing a portion of the trail that climbed a steep hill. Some of his riding companions, including his daughter and her friend, had preceded him over the hill and were beyond his line of sight. Mr. Smith became concerned that if he traveled over the hill, he may collide with someone. He started to carefully and slowly back his ATV down the hill while keeping it in first gear. As Mr. Smith neared the bottom of the hill, his right foot slipped and struck the right-rear fender of the ATV. The fender collapsed, and Mr. Smith's right leg became trapped between the ATV's frame and its rear wheel. As a result, the vehicle rolled backwards over

Mr. Smith's body, struck him in the face, and caused severe injuries that required "comprehensive facial surgery, stitches, and splints." 1 Complaint, 5/29/01, at 8

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