Attorneys obtained dismissal of Plaintiff's complaint in a complex products liability action

Attorneys obtained dismissal of Plaintiff's complaint in a complex products liability action. Plaintiff claimed he was riding his Honda ATV in a wooded area when he shifted from second gear into first and his vehicle instead shifted into reverse, causing him to be thrown off and suffer injuries. Plaintiff failed to bring his claims under the Products Liability Act (PLA), but rather brought his claims under state common law for negligence, carelessness, recklessness, and breach of warranties. Because plaintiff did not seek a remedy under the PLA in the complaint and the common law claims alleged by plaintiff are subsumed within the PLA, plaintiff’s complaint was dismissed by the District Court. In addition, the District Court found as an additional basis for dismissal that plaintiff failed to affect sufficient service of process.