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Riley v. American Honda Motor Co.6/22/1993
Rehearing Denied August 17, 1993.
, 50 St.Rep. 714
Submitted December 10, 1992.
Robert Riley appeals from an order of the Third Judicial District Court, Powell County, denying his motion for judgment notwithstanding the verdict or a new trial. We affirm.
We restate the issue on appeal as whether the District Court erred in directing a verdict on the failure to warn claim.
On May 3, 1980, J. Robert Riley (Riley) test drove a 1978 Honda GL1000 "Goldwing" motorcycle owned by his friend, Michael Dolce. Riley intended to drive the motorcycle from Missoula to Helena. Approximately eight miles east of Garrison Junction, however, Riley lost control of the motorcycle and drove onto a graveled area off the left shoulder of the highway. The motorcycle flipped as Riley attempted to negotiate it back onto the pavement, throwing Riley down a steep embankment. The accident rendered Riley a quadriplegic.
On April 28, 1983, Riley filed suit against American Honda Motor Company (Honda), the original distributor of the motorcycle. Riley asserted several negligence claims, as well as design defect, manufacturing defect and failure to warn claims under the theory of strict products liability. Riley abandoned the negligence claims prior to trial.
A jury trial began on September 17, 1990. Riley contended that the motorcycle had a propensity to wobble, and that a wobble caused him to lose control of the motorcycle. At the conclusion of Riley's case-in-chief, Honda moved for a directed verdict on the design defect, manufacturing defect and failure to warn claims. The District Court directed a verdict on the manufacturing defect and failure to warn claims; only the design defect claim was submitted to the jury. On September 27, the jury returned a verdict in Honda's favor, finding that the motorcycle was not in an unreasonably dangerous defective condition.
Riley subsequently moved for judgment notwithstanding the verdict or, in the alternative, for a new trial. He alleged, among other things, that the directed verdict dismissing the failure to warn claim constituted an irregularity in the proceedings or an abuse of the court's discretion which prevented a fair trial. Riley appeals from the court's denial of his motion; his only asserted error relates to the directed verdict on his failure to warn claim.
Did the District Court err in directing a verdict on the failure to warn claim?
Riley's complaint alleged that Honda had failed to warn of an inherent danger in the use of the motorcycle. In support of his allegation that the motorcycle was inherently dangerous, Riley testified that the motorcycle began to "shimmy and shake" immediately prior to the accident. As a result of the "shimmy and shake," Riley asserted that he had difficulty remaining mounted on the motorcycle and that his right hand was shaken from the handlebar. He further testified that he was unable to prevent the motorcycle from drifting off the highway. Furthermore, Riley's expert witnesses testified that the 1978 Honda Goldwing motorcycle had a propensity to wobble and that the propensity was unreasonably dangerous.
At the end of Riley's case-in-chief, Honda moved for a directed verdict on the failure to warn claim. Honda asserted that there was no evidence of record that could support a jury verdict in favor of Riley on that claim. As a separate ground for the motion, Honda contended that the only defect developed by Riley's case was a design defect, and that a claim based on the failure to warn of the design defect was superfluous to the design defect claim. The District Court directed a
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