Soulliere

FACTS

I.

SOULLIERE’S ACCIDENT

Soulliere bought a used 2009 Suzuki GSX-R600 motorcycle from a dealership in May 2013. He rode it almost daily for several days without experiencing brake problems.

1 We need not address Suzuki’s claims regarding the other

driver’s contribution or the reduction of the punitive damages. We deny as moot Suzuki’s motion to strike Soulliere’s cross-appellant’s reply brief.

2 Ten days after the purchase, Soulliere rode the motorcycle to work. He applied the brakes several times and they worked properly. At some point, an SUV pulled in front of him and abruptly stopped. Soulliere, driving at a safe speed, tried to brake but the motorcycle capsized and slid into the SUV. He suffered serious injuries to his legs and underwent several surgeries. Shortly after the accident, a police officer went to the hospital to speak with Soulliere. A doctor told him that Soulliere would be “‘heavily sedated’” for several hours. The officer left his card. About 48 hours after the accident, Soulliere called the officer from the hospital and provided a statement. Soulliere gave a detailed account, including his speed and lane position, the SUV’s movement from a parking…