There have been two Rhino rollover lawsuits filed recently in Texas. I will briefly describe them below.
The Joyce Case
More than four years ago, Vicki Joyce’s child was injured when the Yamaha 660 Rhino she was in, rolled over and pinned her legs underneath it. Ms. Joyce has now filed a lawsuit alleging the Rhino ATV is defective and unreasonably dangerous. In her suit, she alleges that the “Yamaha Rhino is excessively prone to tip over even at low speeds, on flat or slight grade terrain, and while conducting safe turns.”
The lawsuit filed by Ms. Joyce and her child in a Texas state court included as defendants, Yamaha Motor Corporation, Yamaha Motor Manufacturing Corporation and Yamaha Motor Company. It’s alleged that the defendants should have known that the Yamaha Rhino lacked necessary safety features and posed an “additional risk of injury in the event of a rollover.” This suit is one of more than 50 lawsuits against Rhino pending in federal courts across the country.
It’s alleged in the lawsuit that the defendants were negligent for failing to exercise reasonable care for the safety of Rhino occupants by negligently designing, manufacturing, marketing and selling the vehicle without the necessary safety features. Other causes of action filed against the defendants include strict liability, breach of express and implied warranties, fraud, concealment, and misrepresentation. The plaintiff is seeking damages for medical expenses, lost wages, and loss of earning capacity, pain and mental anguish. Seeking punitive damages, the plaintiff argues the defendants acted “in a malicious, wanton, willful, fraudulent and reckless manner evincing such an entire want of care as to raise the presumption of a conscious indifference to the consequences.”
A Marshall lawyer, Melissa R. Smith, who is with the law firm of Gilliam and Smith, LLP and Houston lawyers Robert E. Ammons, John P. Devine, and Darcy M. Douglas of The Ammons Law Firm, LLP are representing Ms. Joyce and her child in the lawsuit.
Source: Associated Press
The McCloud Case
The father of Michael Lane McCloud, who was killed while a passenger on a Yahama Rhino ATV, has filed a lawsuit in a Texas court. In this case, the Rhino flipped over and landed on top of the young man. The suit says that the Rhino has a narrow track width and a high center of gravity, which decreases the vehicle’s stability. The Yamaha Rhino is much narrower than most vehicles in its class, being designed to fit in a pickup truck bed as a convenience to consumers. Such convenience was achieved through designing the vehicle with a narrow track width, greatly decreasing the vehicle’s stability characteristics. Rob Ammons, a lawyer from Houston, Texas, is handling this case.
If you want more information on this subject contact Cole Portis, Ben Baker, or Rick Morrison in our Personal Injury Section at 800-898-2034.
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