Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.
ARTICLE ID 168659
DEFENDANTS' Product liability - Alleged defective design and manufacture of ATV - Fatal rollover when operated by highly inebriated operator - Alleged dram shop liability.
U.S. District Court, Trenton
This case involved the death of a 41-year-old decedent.
The plaintiff maintained that the ATV was defectively designed as
it suffered from lateral instability and was prone to rollover.
The plaintiff further claimed that the ATV was defectively
designed as it failed to incorporate an occupant safety restraint
system consisting of a roll cage and seat belt. Finally, the
plaintiff maintained that the ATV was defectively manufactured
due to a claimed throttle cable routing installation error that
resulted in an unexpected acceleration of speed. While passing
through a relatively flat and straight stretch of the path, the
decedent lost control of his ATV and crashed. The defendant
vehicle manufacturer denied that any defects in its product
existed at the time of the accident or caused injuries leading to
the death.
This defendant contended that the ATV, at the time of its
inspection, revealed no evidence suggesting proof of an
unintended throttle actuation. The defense was also successful in
precluding plaintiffs use and display of the ATV at trial after
a Rule ________ hearing demonstrated substantial alteration of the
product after the manufacturers post accident inspection; the
alterations being most prominent in the routing of the throttle
cable which was supposedly the cause of the unintended
acceleration. This defendant also contended that the plaintiffs
experts claims of lateral instability were long rejected as
invalid.
The evidence revealed that the decedent had a BAC of.27 and had
several drinks at the co-defendant tavern approximately 20
minutes before the accident. The plaintiffs expert toxicologist
contended that the decedent exhibited clear signs of inebriation
and was none-the-less served. The evidence disclosed that the
decedent and other ATV riders had stopped at a number of bars
prior to going to the defendant tavern and had consumed numerous
drinks. The plaintiff maintained that it was clear that he was
exhibiting visible signs of intoxication when he arrived.
The defendant tavern, who produced no expert, nor directly called
any witnesses, contended that the testimony from members of the
decedents party demonstrated that he could consume large amounts
of alcohol without showing signs of inebriation, and he probably
did not show the requisite indication of intoxication when served
by the defendant tavern. The defendant confronted the plaintiffs
expert with a study conducted by him that included a case of a
driver who had a BAC of over.6. The defendant tavern maintained
that since this individual had been able to drive, it was highly
probable that a drinker with a high tolerance who had half the
BAC would not show signs of visible intoxication.
The decedent was earning $________ per year. He left a wife and
three daughters, age 19 through 25.
The jury found for both defendants.
5 ways to win with JVRA
JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.