Waterman v. Yamaha Motor Corp.

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted summary judgment to defendant, Yamaha Motor Corp. Plaintiff’s action was based upon the theory that an all-terrain vehicle (ATV) was negligently manufactured because it was equipped with a pull start rather than a locking ignition, thus making it more vulnerable to theft. Plaintiff was injured when she was struck by an ATV driven by a person who had stolen it from its owner.

*1030Defendant moved for summary judgment. In support of its motion, defendant submitted the affidavit of its Product Validation Specialist,…