Download Express and Implied Warranties - Civil Procedure - Past Paper and more Exams Civil procedure in PDF only on Docsity! Civil Procedure A Fall 2006 Prof. Brill MID-TERM EXAM While riding his all terrain vehicle in the mountains around Mena, Arkansas, Ricky Gaines was thrown from the ATV and seriously injured. He has filed a lawsuit for personal injuries in the Circuit Court of Polk County, Arkansas. He has alleged causes of action for negligence, breach of express and implied warranties, and strict products liability. The ATV was manufactured by Kawasaki in California; it was transferred to Mike’s Cycles in Louisiana, then sold as a new vehicle to Bill Booth. He subsequently transferred it to Lakeside Ford, Inc, which sold the used ATV to Ricky. Lakeside Ford, Inc. (LFI) is a Louisiana corporation, with its only place of business in Fairday, Louisiana Fairday is across the river from Natchez, Mississippi; Fairday is approximately 100 miles from the Arkansas border and approximately 350 miles from the site of the accident. LFI is a family owned corporation; all of the owners are residents of Louisiana, except Aunt Sophia who owns 1% of the stock and moved last year to a retirement community in Hot Springs, Arkansas. LFI sells its products almost entirely to customers in Louisiana and Mississippi, but each year approximately 5 citizens of Arkansas come south to Fairday to make a purchase. They are attracted by the good reputation and the quality service of LFI. These sales amount to less than 1% of gross revenues of LFI. Its advertisements are entirely placed in Louisiana media. Upon request from Arkansas citizens, it ships catalogues to Arkansas. While Ricky was working in Fairday, he purchased the used ATV from Lakeside. Subsequently he was transferred by his employer to Mena, and he became a permanent resident of Arkansas. He moved all his possessions, including his ATV with him to Arkansas. Since moving to Mena, Ricky has stayed in touch with Lakeside. He is on its periodic mailing list; he has called the service department with questions; and he called the parts department and purchased a $100 piece of optional equipment, which LFI mailed to Mena. Ricky installed it on his ATV. Lakeside has a web page. It provides information about the dealership, allows customers to schedule appointments, and gives details over the products offered for sale. The web page is accessible nation-wide. Ricky is not technologically advanced and has never looked at it.
