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ARTICLE ID 193093

$________ Defendant homeowner operates ATV on defendants' property and permits four individuals on ATV despite warning stickers on vehicle that occupancy should be limited to one person – ATV flips over and topples onto plaintiff causing bowel perforation – Abdominal scarring.

Ocean County, NJ

The plaintiff in her, mid-40s, who was a guest at a barbecue hosted by the defendants, contended that the defendant wife negligently permitted four individuals to sit on the ATV despite multiple warning signs on it that no more than one person should ride at a time. The plaintiff, who was seated behind the handlebars, contended that the defendant, who was directly behind her, reached over, began operating the ATV and did so negligently, "gunning" the engine as it traveled over a mound. The plaintiff contended that as a result, the ATV toppled and landed on her abdomen. The device did not break the skin, but caused a bowel perforation. The defendant maintained that the plaintiff, who was directly next to the handlebars, commenced operating the ATV. The defendant contended that the plaintiff was negligent in both ignoring the warning signs on the ATV against more than one individual being present when it was used, and for driving it in a negligent manner.

In addition to the plaintiff and defendant, two other individuals were on the ATV, and were sitting on the back and could not determine which individual was actually operating the device. The plaintiff underwent initial repair surgery. She continued to experience extensive dietary problems and scar tissue was removed in a second operation. The plaintiff contended that she will nonetheless permanently suffer significant gastric difficulties.

The plaintiff also maintained that the significant abdominal scarring is permanent in nature. The plaintiff made no income claims.The case settled prior to trial for $________.

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