Smith v. Yamaha Motor Corp. U.S.A.

OPINION BY

BOWES, J.:

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”). After careful review, we reverse and 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…