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

Another child was killed in an all-terrain vehicle rollover last weekend, this time a 6-year-old girl from Brownstown, a community in south central Indiana. According to the Tribune, a newspaper serving Jackson County, Indiana, the girl was a passenger on the back of a Honda 400 ATV that was driving up a hill behind her home. Indiana Conservation officer Nathan Berry, who is investigating the accident, said that the girl was wearing a helmet when the accident occurred.

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A 48-year old man from Leadville, Colorado, was found unconscious and bleeding Tuesday after the all-terrain vehicle he was driving rolled about a mile and a half down the summit of Hagerman Pass in the Mt. Massive Wilderness Area near Aspen. According to the Aspen Times, a hunter called authorities from the top of the pass after finding Todd Shepherd lying unconscious on a road near the summit. The man is reported to have life threatening injuries, but the specific nature of his condition hasn’t been released.

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An all-terrain vehicle accident has claimed the life of a 7-year-old boy from Troy, Illinois. Authorities investigating the accident say that Austin J. Henry was riding a Chinese-made ATV on his parents’ property when he apparently lost control of the vehicle.

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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.

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A lawsuit against Yamaha Motor Corporation and its subsidiaries, filed by the parents of a 13-year-old boy who was killed in a Rhino rollover accident, became the first of some 500 wrongful death and personal injury lawsuits to go to court in North America. Attorneys for Yamaha had tried to force the lawsuit into arbitration, but the Ninth Court of Appeals of Texas rejected its petition.

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Earlier this month we reported the story of Wyatt Spencer, a 13-year-old New York boy who was killed when the Yamaha Rhino 450 he was driving rolled over on top of him. Now the boy’s parents, Jim and Bonnie Spencer, are meeting with attorneys to explore the possibility of pursuing a lawsuit against the manufacturer.

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This week the U.S. Consumer Product Safety Commission issued an official recall of Yamaha Rhino ATVs. What took them so long!!?? Reports of serious injury and death linked to this vehicle have been reported since 2003, leaving many to wonder if this action is an example of “too little, too late.”

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