Business Law and the Regulation of Business 11th Edition by Richard Mann, Barry Roberts

Exercise 18

Plaintiff's children purchased an Aero Cycle exercise bike for their mother to use in a weight-loss program. The Aero Cycle bike was manufactured by DP and purchased from Walmart. The second time the plaintiff, Judy Dunne, used the bike (the first time she had used it, she used it only for a few seconds), she pedaled for three or four rotations. The rear support strut failed and the bike collapsed under plaintiff. At the time of the accident, plaintiff weighed between four hundred and fifty and five hundred pounds. She fell off the bike backwards, struck her head on a nearby metal file cabinet, and was knocked unconscious. When plaintiff regained consciousness, her mouth was bleeding and her neck, left shoulder, arm, leg, knee, and ankle were injured. Plaintiff was diagnosed as having a cervical strain and multiple contusions. Plaintiff filed suit against Walmart and DP. Explain whether plaintiff should prevail.