ALLENBERG V. BENTLEY HEDGES TRAVEL SERV. INC.
22 P.3d 223 (2001)
NATURE OF THE CASE: Allenberg (P) appealed a judgment in favor of Bentley (D) who was
engaged in the business of selling new and used shuttle buses.
FACTS: D arranged transportation to the airport for P and her daughter, Gwinn, in a used
shuttle bus which it had purchased from Arkansas Bus Exchange (D). The driver of the bus ran
a red light causing the bus to collide with other vehicles in an intersection. The bus was
not equipped with seat belts, and the passengers were flung from their seats and injured in
the collision. P died a few days after the accident. P sued Bentley (D) and the driver of
the bus alleging that they were negligent. P also sued Arkansas Bus (D) alleging that it had
distributed and sold a defective, unreasonably dangerous shuttle bus because the bus was not
equipped with seat belts, adequate handholds, or secured luggage compartments. Arkansas Bus
(D) eventually filed motions for summary judgment arguing that the doctrine of
manufacturers' products liability is inapplicable to commercial sellers of used products.
The court granted the motion finding that the shuttle bus was a used vehicle when Arkansas
Bus (D) purchased it and that it did not alter, modify, rebuild or restore the bus. P
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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