Legal Opinion

Allenberg v. Bentley Hedges Travel Serv. Inc.

Supreme Court of Oklahoma

Decided March 6, 2001No. 95,400PublishedCited by 12 opinions

1Opinion of the Court

KAUGER, J.;

T1 The first impression question presented is whether manufacturers' products liability is applicable to the commercial seller of a used product if the alleged defect was not created by the seller, and if the product is sold in essentially the same condition as when it was acquired for resale. 1 We have determined that it is not.

FACTS

12 On July 16, 1997, Bentley Hedges Travel arranged transportation to the airport for Ava Pattee Allenberg and her daughter, Gwinn Norman (passengers), in a used shuttle bus which it had purchased from the appellee, Arkansas Bus Exchange (Arkansas…

2Cases cited53 opinions

  1. Geier v. American Honda Motor Co.Supreme Court of the United States · 2000
  2. Escola v. Coca Cola Bottling Co.California Supreme Court · 1944
  3. Kirkland v. General Motors CorporationSupreme Court of Oklahoma · 1974
  4. Fields v. Volkswagen of America, Inc.Supreme Court of Oklahoma · 1976
  5. Francioni v. Gibsonia Truck Corp.Supreme Court of Pennsylvania · 1977

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3Cited by12 opinions

  1. Minter v. Prime Equipment Co.Court of Appeals for the Tenth Circuit · 2006
  2. Hollander v. Sandoz Pharmaceuticals Corp.Court of Appeals for the Tenth Circuit · 2002
  3. Gaumer v. ROSSVILLE TRUCK AND TRACTOR CO.Supreme Court of Kansas · 2011
  4. Fleck v. General Motors LLCDistrict Court, S.D. New York · 2015
  5. Spence v. Brown-Minneapolis Tank, Co.Court of Civil Appeals of Oklahoma · 2008

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