Consumer Welfare. Isuzu Motors America, Inc, does not warn its customers of the danger of riding unrestrained in the cargo beds of its pickup trucks. Seventeen-year-old Donald Josue was riding unrestrained in the bed of an Isuzu truck driven by Iaone

Frias. When Frias lost control of the truck, it struck a concrete center divider. Josue was ejected and his consequent injuries rendered him a paraplegic. Josue filed a suit in a Hawaii state court against Isuzu, asserting a variety of legal claims based on its failure to warn of the danger of riding in the bed of the truck. Should Isuzu be held liable for Josue's injuries? Why or why not?


Consumer welfare
On the defendants' motions, the court issued two summary judgment orders, effectively dismissing the case. The court reasoned in part that riding unrestrained in the bed of a pickup truck is "an open and obvious danger as a matter of law, and the manufacturer of a pickup truck is not under a duty to warn potential passengers and users of [this] obvious danger." The plaintiffs appealed to the Hawaii Supreme Court, which affirmed the judgment of the lower court. The state supreme court held that "the dangers of riding unrestrained in an open cargo bed of a pickup truck are obvious and generally known to the ordinary user and that therefore Isuzu had no duty to warn potential passengers of those dangers." The court explained that "it should be readily apparent and patently obvious to a passenger who chooses to ride in the bed of a pickup truck that he or she is completely unrestrained and unprotected from being ejected from the bed in an accident."

Business

You might also like to view...

What is the purpose of the Awakening stage of the Change Path Model?

a. To ensure organizations are using the newest management and operational theories and practices b. To make sure employees are staying focused and engaged in their work c. To scan the environment so the organization is agile and adaptable d. To make sure employees are collaborating with other areas and that they understand the larger picture of the organization

Business

Under the UPA, in order to avoid liability, only constructive notice of a dissolution is required to be given to third parties who had no knowledge of the partnership before its dissolution

Indicate whether the statement is true or false

Business

Mary Tappin, an assistant Vice President at Galaxy Toys, was disturbed to find on her desk a memo from her boss, Gary Resnick, to the controller of the company. The memo appears below:GALAXY TOYS INTERNAL MEMOSept 15To: Harry Wilson, ControllerFm: Gary Resnick, Executive Vice PresidentAs you know, we won't start recording many sales until October when stores start accepting shipments from us for the Christmas season. Meanwhile, we are producing flat-out and are building up our finished goods inventories so that we will be ready to ship next month.Unfortunately, we are in a bind right now since it looks like the net income for the quarter ending on Sept 30 is going to be pretty awful. This may get us in trouble with the bank since they always review the quarterly financial reports and may

call in our loan if they don't like what they see. Is there any possibility that we could change the classification of some of our period costs to product costs--such as the rent on the finished goods warehouse?Please let me know as soon as possible. The President is pushing for results.Mary didn't know what to do about the memo. It wasn't intended for her, but its contents were alarming.Required:a. Why has Gary Resnick suggested reclassifying some period costs as product costs?b. Why do you think Mary was alarmed about the memo? What will be an ideal response?

Business

A price reduction from the original selling price of merchandise is known as a(n) ____________________

Fill in the blank(s) with correct word

Business