Peeples v. Kawasaki Heavy Industries, Ltd.

*145HOLMAN, J.

The issue in this case is whether the manufacturer and the distributor of Kawasaki motorcycles are vicariously liable for the negligence of a local dealer or his employee in performing service work provided for under the terms of a warranty agreement entitled "Selling Dealer’s Warranty,” which was prepared by the distributor and furnished to the motorcycle purchaser by the dealer. The primary question is whether the dealer while performing that work acted as the "servant” of the manufacturer or distributor, or both, or as an independent contractor.

James Peeples, the plaintiff, was…