Investigators at the scene said that the crash was likely the result of the front left tire coming off of Case’s vehicle. The tire disengagement apparently caused Case to run the ATV headlong into a tree. Authorities said that the boy was not wearing a helmet.

Case was rushed to South Williamson Appalachian Regional Hospital in South Williamson, Kentucky, where emergency physician Brandon Haake pronounced him dead.

Case attended Belfry High School in Belfry, Kentucky. According to the school principal, who spoke with the Williamson Daily News, Case was well liked by his fellow students.

“The young man was a senior and well liked at the school. I don’t know anyone who didn’t like Andy,” Principal Rod Varney told the Daily News.

“Any time you lose a student it’s devastating to the school. It is a difficult time for everyone,” Varney told the Daily News. “Somebody lost a child, somebody lost a friend and then we all lost a student.”

According to the U.S. Consumer Product Safety Commission, Kentucky leads the nation in the number of ATV-related fatalities. The CPSC says that 367 ATV-related deaths were reported in Kentucky in 2006 alone, and incomplete numbers for the following years show that ATV fatalities continue to escalate. Tragically, about one-third of all the reported ATV deaths in Kentucky are children.

Pennsylvania, California, West Virginia, and Texas are other states with an unusually high rate of deaths caused by ATV accidents.

SOURCE: Yamaha Rhino Rollover › Kentucky teen dies in Christmas day ATV crash

Because more than 500 lawsuits have been filed in federal courts throughout the U.S., a “bellwether” approach is being taken to manage the caseload. A group of plaintiffs will be selected to represent all of the other plaintiffs in the case. Bellwether trials are occasionally formed when large numbers of plaintiffs file suit and proceed on the same theory or claim. The verdict from these trials will be extrapolated to the other plaintiffs’ cases, and will indicate the trends in all remaining cases. The multidistrict litigation (MDL) could also lead to a settlement.

Nearly all Rhino lawsuits filed against Yamaha claim that the vehicles have design flaws and lack key safety features, both of which make the vehicles unstable, prone to roll over, and unusually dangerous. The Rhino’s narrow frame and track width and its high center of gravity have played a role in hundreds of rollovers and crashes since the vehicle’s debut in 2003. Most plaintiffs claim that the vehicles were being operated appropriately and responsibly when the accidents occurred, often on level ground and at low speed.

The first of the MDL trials is scheduled to start on October 18, 2010 and will involve a case brought by a Kentucky woman. Subsequent cases are scheduled to be heard on November 15, November 29, December 13, and January 10, 2011.

Yamaha issued a safety recall of all Rhino vehicles last spring and ordered its dealerships to stop selling all Rhino models until a series of safety upgrades could be completed on each new vehicle.

On August 27, a Texas jury cleared Yamaha in a case brought by the parents of Forrest “Eddie” Ray, a 13-year-old boy who was killed when the Rhino he was driving flipped. Although seen as a landmark trial and victory for Yamaha, the boy’s father testified that his son had been driving a modified Rhino and was not wearing a helmet at the time of the accident.

SOURCE: Yamaha Rhino Rollover › Federal Yamaha Rhino cases set for multidistrict litigation next year

According to the U.S. Consumer Product Safety Commission, Kentucky leads the nation in the number of ATV-related fatalities. Records compiled by the state and federal governments reveal a dramatic upward swing in the number of ATV deaths in recent years. For the 23-year period spanning 1982 to 2004, a total of 299 ATV deaths were reported statewide. However, in 2006 alone, 367 ATV deaths were reported in Kentucky, and incomplete numbers for the following years show that ATV fatalities continue to escalate.

Tragically, about one-third of all the reported ATV deaths in Kentucky are children. Kentucky law requires all children 16 years old and under to wear helmets while on an ATV, at all times, regardless of whether the ATV is on public or private land. For adults, helmet use is optional. Unfortunately, many parents continue to disregard the helmet law and seat restraints, which effectively make a deadly machine even deadlier in the event of a collision or rollover.

Counties in Kentucky reporting the most deaths are Pike, Breathitt, Floyd, Harlan, Letcher, Clay, Leslie, Pulaski, Bell, Laurel, Perry, Trigg and Whitley.

Also topping the CPSC’s list of states with the most ATV deaths were California, Texas, Pennsylvania, and West Virginia. ATV accidents are almost always higher in rural areas, where off-roading can be a way of life, whether for farm work, recreation, rural transportation, or all three.

SOURCE: Yamaha Rhino Rollover › Kentucky leads the nation in number of ATV deaths

Ike Miyachi, a Yamaha vice president in charge of developing the Rhino, was riding in a prototype driven by Keisuke “Casey” Yoshida, the President of Yamaha’s U.S. operations, when the vehicle rolled over after descending a hill, injuring Miyachi’s foot.

According to company minutes obtained by CBS, Yoshida raised the safety issue during a meeting weeks after the initial rollover. “Casey wants update on instability of vehicle for future liability cases,” Yoshida noted.

Despite early signs that the Rhino had dangerous flaws, Yamaha took the vehicles to market in the fall of 2003. Unlike anything else on the ATV market at the time, the Rhinos became an instant hit. Now, almost six years after the Rhino’s debut, the Consumer Product Safety Commission says that at least 59 people have been killed in Rhino rollovers. Thousands more people have been injured with bone fractures, loss of limbs, and head injuries. More than 440 wrongful death and personal injury lawsuits against Yamaha are pending in U.S. courts. Many others have been settled out of court.

Most of the complaints cited in Rhino lawsuits relate to the vehicle’s fundamental design flaws: its narrow track width, high center of gravity, and lack of a rear differential, which make the Rhino unstable and exceptionally prone to roll over.

Some complaints allege that the vehicle’s restraint system is flawed. Seat belts can fail, leading occupants to become ejected or partially ejected from the vehicles. Still other complaints involve the lack of doors or bars that would prevent occupants from intentionally or reflexively sticking their arms or legs out of the vehicle during a rollover.

As the number of ATV rollover deaths and injuries rises with the number of vehicles sold, many safety experts say that merely warning consumers about dangerous flaws is no longer enough. Instead, they say, Yamaha and other manufacturers need to step up and create safer vehicles.

At the same time, the CPSC finally seems to be toughening its stance after years of being too lenient on manufacturers, starting back when ATVs first appeared in the mid 1980s. In 1987, the CPSC sued Yamaha and four other companies for creating and distributing an “imminently hazardous consumer product.”

Then, in an effort to reduce rollovers, the CPSC wanted to impose stability standards on ATV manufacturers. But the manufacturers fought back and won, simply promising to not make future vehicles any more dangerous than they already were.

Warnings, instead of real safety features, became the industry standard and effectively passed all liability to the consumer. According to the CBS report, “warnings about all manner of possible driver errors strengthened the industry’s hand in liability cases. The companies suddenly had a “buffet of defenses” against almost any claim.”

CBS raised the issue of ATV safety to Carrol Pollack-Nelson, formerly a CPSC psychologist and now a safety adviser to corporations. Pollack-Nelson said that the strict reliance on warnings to prevent accidents isn’t working. “You have a product that’s inherently got some pretty serious dangers,” and people use it “the way they think it’s intended to be used,” she said. “They’re not trying to drive their granny to the store … It goes fast, it goes over bumps, it goes over open terrain. Why else would they have bought the thing?”

According to the CPSC, ATV injuries serious enough to require emergency room treatment almost tripled from 52,800 in 1997 to 150,900 in 2007. The number of deaths exceeded 500 in 2001, topped 650 in 2003, and surpassed 800 in 2005. ATV deaths and injuries continue to climb despite efforts by Yamaha and other manufacturers to toughen the warnings.

SOURCE: Yamaha Rhino Rollover › CBS casts spotlight on Yamaha Rhino flaws, instability

The paper says the Kentucky State Police report indicates Colley was riding with a 13-year-old boy on a 2008 Yamaha Rhino ATV along railroad tracks. The statement said the ATV got stuck in the gravel on the railroad tracks and Colley and the boy were trying to free the vehicle when it went into a nearby creek on top of them.

In a separate incident, Castle was a passenger on an ATV driven by a 17-year-old boy, when the ATV hit a bump in the road and overturned. The driver was taken to the hospital, and Castle died of her injuries.

SOURCE: Yamaha Rhino Rollover › ATVs claim 2