McPhillips v. Zayre Corp.

OPINION

WEISBERGER, Justice.

This case comes before us on the plaintiffs’ appeal from summary judgment entered in favor of the defendant, Allied Corporation, in Superior Court. The plaintiffs argue that sufficient evidence was introduced below to indicate the existence of a genuine issue of material fact, thereby precluding summary judgment. We agree. The facts of this product-liability case insofar as pertinent to this appeal are as follows.

On December 19, 1980, plaintiff Sean McPhillips and his friend Stephen Gelacek decided to ride their bicycles. Stephen suggested that they jump over the…