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ARTICLE ID 7859

$________ - in suit alleging defective design of four-wheel ATV - ATV allegedly had defective steering system, high center of gravity and poor lateral stability - Vertebral fractures - Paraplegia from waist down.

Kentucky

The Rohrer family brought this action against the defendant Yamaha Motor Corp. U.S.A. and Yamaha Motor Co. Ltd., charging that the Yamaha Timberwolf ATV Model YFB-________-FWG four-wheel all- terrain vehicle included a defective steering system and an unreasonably dangerous high center of gravity with poor lateral stability. The Rohrers also contended that Yamaha had failed to warn consumers that other similar incidents of steering system failures had occurred prior to this incident.

On April 9, ________, Jacob Rohrer, then 17 years old, was riding double on the subject Yamaha ATV with a high-school classmate, Justin Foy. While the boys were riding in an open field near their homes in Mayfield, Ky., where they frequently rode the vehicle, the steering column snapped, causing the back end of the ATV to come off the ground and the vehicle to flip end-over-end, throwing both boys off the vehicle. The plaintiff, Jacob Rohrer, landed on the ground with such force and in such a position as to fracture his back and cause severe injury to his spinal cord. As a result of the incident, Jacob Rohrer has been permanently and irreversibly rendered paraplegic.

Counsel for the Rohrer family discovered twenty prior similar incidents involving similar steering shaft failures prior to the Rohrer incident. Despite having known of the defect, Yamaha failed to take any action to recall the defective products or warn consumers of the danger.

The defendant denied liability, alleging that the accident was caused by the negligent operation of the ATV.

The case settled shortly before trial for $________.

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