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ARTICLE ID 184510

- PRODUCT LIABILITY - DEFECTIVE DESIGN OF YAMAHA RHINO - FAILURE TO WARN - PLAINTIFF ALLEGES OFF- ROAD VEHICLE LACKS ADEQUATE STABILITY - DOORS FOR LOWER EXTREMITY PROTECTION AND SUFFICIENT WARNINGS - OPEN COMPOUND FRACTURE OF LEFT TIBIA AND FIBULA WHEN VEHICLE TIPS ON ITS SIDE DURING OPERATION.

Orange County, California

@INTRO = In this product liability matter, the plaintiff alleged that the defendant’s off-road vehicle was defectively designed and the defendant failed to provide sufficient warnings. The plaintiff suffered an open compound fracture of his tibia and fibula when the defendant’s vehicle tipped onto its side while the plaintiff was operating it. The defendant denied that there were any safety issues or defects with its product.

On April 1, ________ the male plaintiff was operating his ________ Rhino side by side when it crashed, tipping onto its side. As a result of the incident, the plaintiff sustained an open compound fracture of his left tibia and fibula.

The plaintiff brought suit against the defendant alleging that the Rhino vehicle manufactured by the defendant was defective. The plaintiff also alleged that the defendant failed to warn consumers of the lack of lower extremity protection. The plaintiff alleged that the vehicle lacked stability and adequate lower extremity protection. The plaintiff based its claims on the defendant’s post-sale actions including a ________ supplemental labeling campaign and the offer of side door panels.

The defendant denied the allegations. The defendant argued that the plaintiff was the cause of the collision by operating the vehicle impaired and by driving aggressively. The defendant contended that the vehicle was safe and free from any defects. The defendant further argued that the plaintiff’s injuries resulted from his failure to wear a seat belt while operating the side by side vehicle.

After a four month trial, the jury deliberated and returned a unanimous verdict in favor of the defendant and against the plaintiff.

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