On a new Ken-Bar cart, the U-bolts and brackets are covered by open-cell foam rubber. C (Deposition of David Kassekert ("Kassekert Dep")), Tr. However, the parties do not know of any government or industry standard specifying that the tubes be joined in any particular way. ![]() Plaintiffs Memorandum of Law in Opposition to Summary Judgment ("Pl."), Affidavit of David Kassekert, P.E. Other cart manufacturers may use welded tube joints or sleeved connections that are bolted in such a manner that no bolt pieces project from the tubes. E (color photograph of actual cart, with U-bolt exposed). The particular sections of shaped steel tube that form the brush bar are connected together by U-bolts and brackets or flanges placed at several junctures, including two places on a cross bar just a few inches above and behind the heads of the driver and any passenger. It is not known whether consumers are provided with any warnings or instructions concerning the brush bar, or whether Hambrick assumed any particular purpose for the bar. As standard equipment, the cart, which does not have a roof, includes a "brush bar," a tubular construction over the driver's seat that looks like a roll cage, but is designed only to "deflect loose vegetation from the path of the fun-kart operator and passenger, if any (on two-seat karts)." Id. 7 (color photograph and specifications of D-680). See Defendants' Motion for Summary Judgment ("Def."), Ex. The two-seater cart, which is powered by an 11 horsepower internal combustion engine, is just under seven feet in length, is 59 inches in height, and weighs 510 pounds. Viewed in the light most favorable to the plaintiff, the facts are as follows: On July 31, 1998, plaintiff Hambrick was riding in a *630 Model D-680 "Streaker" go-kart or "fun-kart" manufactured by Ken-Bar Manufacturing Co. For the reasons set forth herein, the defendant's Motion for Summary Judgment is DENIED. ![]() ![]() The parties fully briefed the issues and were heard in oral argument, making this matter ripe for disposition. Hambrick alleges that design and manufacturing defects in the Ken-Bar Model D-680 "Streaker" fun kart caused him permanent physical injuries on July 31, 1998, after he overturned the cart in which he was driving. Plaintiff Michael Hambrick ("Hambrick") filed a complaint on March 13, 2001, alleging breach of implied warranty of fitness for intended purposes, negligent product design, and negligent manufacture by defendant Ken-Bar Manufacturing Company ("Ken-Bar"), a manufacturer and seller of go-karts and "fun karts" headquartered in Georgia. Skaff, III, Gentry, Locke, Rakes & Moore, Roanoke, VA, for defendant.īefore me is the defendant's Motion for Summary Judgment filed January 11, 2002. *628 *629 Gordon Hoffman Shapiro, Shapiro & Kurtin, Roanoke, VA, Jonathan Seth Kurtin, for plaintiff. KEN-BAR MANUFACTURING COMPANY, Defendant. HAMBRICK, an infant who sues by and through his father and next friend, Carson HAMBRICK, Plaintiff,
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