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› $150,000,000 verdict in personal injury case
In December we reported how one Mississippi coroner became an advocate of stricter laws governing the use of all-terrain vehicles in her state after witnessing the injury and death the vehicles can cause. Now, other people in that state are echoing the call for more ATV legislation, including the Sheriff of Warren County, Mississippi and two state lawmakers.
Christmas day may forever be tinged with sadness for the family and friends of 18-year-old Andy Case, a resident of Sidney, Kentucky, who died after losing control of the all-terrain vehicle he was driving.
All of the lawsuits involving the Yamaha Rhino that were filed in federal court have been brought together for pretrial litigation under U.S. District Judge Jennifer B. Coffman in the Western District of Kentucky. Judge Coffman will preside over five trials scheduled to open between October 2010 and January 2011.
A report on Nashville FOX affiliate WZTV’s website says a rash of motor vehicle accidents in Kentucky last week has left 15 people dead, and 4 of the victims were on all-terrain vehicles, according to Kentucky State Police. The latest deaths bring the total number of ATV-related fatalities statewide to 14.
The Texas jury that heard the first case against Yamaha and its popular Rhino, an all-terrain vehicle that consumer groups and safety advocates claim is highly unstable and deadly, ruled in the manufacturer’s favor last week. The case was brought to court by the parents of Forrest “Eddie” Ray, a 13-year-old boy who was killed in 2007 when the Rhino he was driving flipped.
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.
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.
The parents of a 13-year old boy who was killed in a Rhino accident scored a small victory this month when the Ninth Court of Appeals of Texas ruled their lawsuit against Yamaha could proceed to trial. Yamaha wanted the case to go to arbitration, but the court rejected its petition.
A Texas woman who injured her right leg when the Yamaha Rhino she was a passenger in rolled over is taking the manufacturer to court, claiming that the UTV is “defective and unfit for its intended use.” The lawsuit, filed Wednesday in the Texarkana Division of the Eastern District of Texas, accuses Yamaha Motor Corporation, Yamaha Manufacturing, and Yamaha Motor Company of “strict liability, negligence, and breach of implied and express warranties,” according to the Southeast Texas Record.
“I am downstairs sitting in my recliner watching TV. The recliner is in our little living room right at the base of the stairs. Sometimes I can see J.T. just out of the corner of my eye coming down. I hear the squeak of the third stair and see a flash of blonde shaggy hair. I find myself washed in a sense of relief until I turn to welcome him and find he wasn’t there and the sharp pain of disappointment stabs me back into reality. Do you ever do that?”
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