The Georgia State Court jury awarded the plaintiff $371,002 to compensate for pain and suffering, medical expenses, lost wages, lost future wages, and loss of consortium. The case is one of dozens of other such cases filed against Yamaha in Gwinnett County, Georgia, where the company’s registered agent for the United States is located.

According to the complaint, the victim brought his Rhino to a stop and then began moving the vehicle forward as he turned the steering wheel right, “and the Rhino tipped onto the driver’s side, trapping his leg under the vehicle.” The weight of the vehicle crushed the plaintiff’s leg, shredding his skin while smashing and exposing his bone.

The case was considered a pivotal one in the legal community because it tested the viability of several other lawsuits filed against Yamaha in the same county. The jury’s verdict indicates that plaintiffs with cases involving similar or worse injuries will likely receive compensation, especially those cases filed in Gwinnett County.

The trial lasted two weeks and the jury deliberated for 10 hours before reaching its verdict. According to some reports, one of the jury’s biggest concerns was that Yamaha never tested its Rhinos for “occupant containment.” Had the company conducted such tests, it would have seen the problem, the jury believed. Almost all serious injuries on Yamaha Rhinos occur during rollovers when the limbs of the vehicle’s occupants protrude from the vehicle.

Drivers and passengers experience a higher rate of injury and death in Rhinos than in other recreational off-road vehicles (ROVs) and all-terrain vehicles (ATVs). Consumer and safety advocates assert Rhinos are dangerous because of their design flaws, including a narrow, top-heavy stance that makes the vehicle prone to roll over, even while when traveling across even surfaces at a low rate of speed.

Yamaha issued a statement after the verdict, saying that the company “is disappointed by the jury’s decision to find for the plaintiff in this case and will pursue all appropriate legal remedies, including possible appeal.”

SOURCE: Yamaha Rhino Rollover › Plaintiff wins landmark case in Georgia for Yamaha Rhino injuries

While details of the accident haven’t been released, it has been reported that Tate suffered a broken jaw and facial lacerations. Tate’s face bore the brunt of the accident, but fortunately he was protected from head injuries because he wearing a helmet at the time of the accident.

A high school center fielder from Cartersville, Georgia, Tate signed with the Padres on August 17 and received a $6.5 million bonus, the largest signing bonus in franchise history. He is 18 years old.

Tate, who has not played a game with the Padres yet, had been in recovery and rehabilitation after having surgery on a sports-related hernia in October. Following his ATV accident, surgeons reportedly inserted steel plate in Tate’s mouth and wired his jaw shut.

Despite all of his injuries, the Padres say that Tate will be ready for spring training. The team is likely to have had some practice in thinking positively, since 8 of their 10 top draft picks, including Tate, have suffered from injuries or had personal problems soon after the draft.

The U.S. Consumer Products Safety Commission estimates 150,900 ATV-related injuries treated in emergency rooms nationwide will be recorded for the statistical year 2007 – nearly double the number of injuries reported 10 years ago. Despite occasional drops in the number of reported ATV-related injures and deaths from year to year, the overall trend since 1988 has been upward.

SOURCE: Yamaha Rhino Rollover › Top MLB draft pick Tate injured in ATV crash

Reports say that 15-year-old Danny Tyler Corn was the driver of the Honda TRX300 ATV. 14-year-old Tyler Noles was a passenger. Corn was driving the ATV west along Holland Chattoogaville Road and had crossed Georgia Highway 114 onto Johnson Cemetery Road, where he lost control of the vehicle.

According to the Rome, Georgia, State Patrol, the ATV sideswiped a parked car, hit a mailbox, and then crashed into a tree head-on. Both boys were ejected from the vehicle.

The crash occurred at approximately 7:15 pm. A nearby resident said he heard a loud bang when it happened.

Responding officers called for a medical airlift. According to Chattooga County’s Summerville News, Corn was pronounced dead at the helicopter’s landing zone and was not airlifted. Noles was flown to Erlanger Medical Center in Chattanooga, where he was admitted with serious injuries and remains in stable condition.

Georgia is one of the few states that has no laws governing ATV operation or safety. The only existing rules require off-road vehicles to be equipped with brakes and a muffler and that drivers obtain permission before using the vehicles on private property.

Because ATV manufacturers have done little to enhance the safety features of their vehicles, the U.S. Consumer Products Safety Commission announced last month that it would begin the process of regulating ATVs.

SOURCE: Yamaha Rhino Rollover › ATV crash kills one Georgia teen, seriously injures another