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WILLIAM C. RIES AND MALLORY RIES v. MTD PRODUCTS (02/04/83)

filed: February 4, 1983.

WILLIAM C. RIES AND MALLORY RIES, HUSBAND AND WIFE,
v.
MTD PRODUCTS, INC., A CORPORATION; NATIONAL INDEPENDENT DISTRIBUTOR ASSOCIATES, INC., A CORPORATION, LUIGI P. NUDI, AND PATRICK V. NUDI T/D/B/A BIKE N' THINGS, A PENNSYLVANIA PARTNERSHIP, APPEAL OF MTD PRODUCTS, INC. AND NATIONAL INDEPENDENT DISTRIBUTOR ASSOCIATES, INC.



No. 1099 Pittsburgh, 1981, Appeal from the Judgment of the Court of Common Pleas, Civil Division, of Allegheny County, at No. GD 7808442

COUNSEL

John Wesley Jordan, IV, Pittsburgh, for appellant.

Jay W. Dawson, Pittsburgh, for appellees.

Brosky, Johnson and Montgomery, JJ.

Author: Montgomery

[ 310 Pa. Super. Page 119]

The Plaintiff-Appellees instituted this products liability action in the lower court to recover damages arising out of injuries which the Plaintiff wife suffered as a result of an accident which occurred while she was riding a bicycle on May 27, 1976. The cause of action was instituted in assumpsit and trespass against the manufacturer of the bicycle, MTD Products, Inc., (hereinafter referred to as "MTD"), the distributor, National Independent Distributor Associates, Inc. (hereinafter referred to as "NIDA"), and the retailer, Patrick V. Nudi, t/d/b/a Bikes N' Things (hereinafter referred to as "Bikes N' Things"). The case was tried by a jury in the lower court. While the trial was in process, the Plaintiffs settled their claim against Bikes N'

[ 310 Pa. Super. Page 120]

Things and executed a joint tort-feasor release as to that Defendant. Before the issues were submitted to the jury for its consideration, the Plaintiffs dropped their claim against NIDA.

The jurors were instructed to answer special interrogatories rather than to render a general verdict. The special interrogatories pertinent to this appeal, and the answers thereto were:

"1. Was the bicycle in question in a defective condition when manufactured by MTD Products, Inc. and sold by Bikes N' Things to the plaintiffs on May 8, 1976?

ANSWER: Yes or No. Yes.

2. If your answer to the preceding interrogatory is yes, was the defective condition which you found in the bicycle a substantial factor in ...


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