Legal Opinion
Wimberly v. Derby Cycle Corp.
California Court of Appeal
Decided July 18, 1997No. D021840PublishedCited by 52 opinions
1Opinion of the Court
Opinion
WORK, Acting P. J.
When the fork assembly on Shawn Wimberly’s mountain bike broke, he was thrown to the ground and grievously injured. In this strict product liability action, Derby Cycle Corporation (Derby), producer and distributor of the fork assembly, appeals a judgment and an order denying its motion for judgment notwithstanding the verdict (JNOV) following a jury verdict against it. Derby contends the trial court erred in refusing to apply Proposition 51 to require the jury to apportion “fault” among it, the product’s manufacturer and others. Such a comparison ostensibly would…
2Cases cited21 opinions
- Greenman v. Yuba Power Products, Inc.California Supreme Court · 1963
- Nga Li v. Yellow Cab Co.California Supreme Court · 1975
- American Motorcycle Assn. v. Superior CourtCalifornia Supreme Court · 1978
- Escola v. Coca Cola Bottling Co.California Supreme Court · 1944
- Vandermark v. Ford Motor Co.California Supreme Court · 1964
16 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Laabs v. City of VictorvilleCalifornia Court of Appeal · 2008
- Bigler-Engler v. Breg, Inc.California Court of Appeal · 2017
- Carlsen v. KoivumakiCalifornia Court of Appeal · 2014
- Hasso v. HapkeCalifornia Court of Appeal · 2014
- Arena v. Owens-Corning Fiberglas Corp.California Court of Appeal · 1998
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