Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

Attorneys for the plaintiffs in the first case against Yamaha to go to court told the jury last week that Rhino vehicles are “unreasonably dangerous” and that Yamaha knows it. The lawsuit was filed by the parents of Forest “Eddie” Ray, a 13-year-old boy from Southeast Texas who was killed when the Rhino he was driving rolled over, crushing his head under the roll cage. The case is being tried in a state courtroom in Orange County, Texas with Judge Buddy Hahn, 163rd Judicial District, presiding.

An attorney for the plaintiffs told the jury that the company chose to put profits over people when it made the Rhino, a vehicle he described as a cross between a golf cart and an all-terrain vehicle.

“Yamaha knew for years it was a defective design and would roll over and kill people,” he told the courtroom. He also described the design flaws that many critics say make the vehicles unstable, namely their narrow track width, disproportionate height, and lack of a rear differential.

“It’s too small and too narrow and goes too fast to be safe,” he said.

Yamaha’s lawyers vigorously defended the Rhino, saying that they are safe when handled properly.

“Accidents and injuries occur because of the operator’s unsafe conduct,” one of Yamaha’s attorneys said in a sweeping statement that contradicted a body of evidence that shows Rhinos can easily roll over even when driven at low speeds and on flat terrain.

The Rhino’s propensity to roll over first came to light in July of 2002, when the vehicle was in its prototype stage and being test driven by Yamaha executives. That was when a Yamaha vice president injured his foot when the Rhino he was driving with a colleague rolled over. Company minutes obtained by CBS News showed that Keisuke “Casey” Yoshida, the President of Yamaha’s U.S. operations, requested an “update on instability of vehicle for future liability cases.”

Earlier this month, the Consumer Products Safety Commission issued a special advisory urging the owners of Rhinos and other all-terrain vehicles to exercise extreme caution while driving them this summer.

In March, the CPSC said it was investigating about 50 incidents involving the Yamaha Rhino, including 46 driver and passenger deaths. The announcement was made at the same time the agency issued a recall notice of all Yamaha models.

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