Yamaha Motor Corp., U.S.A. v. Paseman

Yamaha Motor Corp., U.S.A. v. Paseman (1990) 219 Cal.App.3d 958 involved a moped manufacturer filing a cross-complaint against the parents of a man suing the manufacturer for injuries sustained while riding a moped owned by the parents. The manufacturer alleged, among other things, that the parents knew or had reason to know of the moped's defect and necessity for maintenance or repair prior to their son's accident, but failed to properly maintain and repair the moped or warn their son of its defective condition. (Id. at p. 963.) The Court reversed the superior court's dismissal of the cross-complaint, explaining that the manufacturer should be permitted to bring a cross-action seeking comparative equitable indemnity from the parents by alleging and proving, if it can, the parents' negligence either contributed to or solely caused the son's injury. (Id. at p. 971.)