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$________ Product Liability – Failure to Warn – ATV rolls over and crushes the minor plaintiff’s hand – Failing to warn of the vehicles propensity to tip over – Failing to supervise and instruct the minors on safe operation of the vehicle – Severe crush injury and compound fracture of left third finger requiring eventual amputation.

Allegheny County, PA

The minor plaintiff in this dual liability action was severely injured when the golf cart type vehicle she was a passenger in rolled over and crushed the minor’s left hand. The plaintiff alleged that both the vehicle owner and the vehicle manufacturer were negligent in causing the accident. The defendants both denied being negligent and argued that the minor failed to adhere to the safety warnings provided.

On June 2, ________, the 13-year-old female minor plaintiff was a passenger on a Yamaha Rhino, which is similar to a golf cart, which was being operated by the defendant individual’s daughter on the defendant’s property. As the minors were rounding a corner, the vehicle flipped over ejecting the female plaintiff and landing on the plaintiff. The plaintiffs alleged that the defendants were negligent in failing to instruct and supervise the minor plaintiff on how to operate the cart and in causing the minor plaintiff’s accident. In addition, the plaintiffs alleged that the defendant manufacturer of the vehicle was negligent in failing to properly design and manufacture a vehicle not prone to roll overs.

As a result of the accident, the plaintiff suffered an open comminuted unstable fracture and crush injury of the proximal interphalangeal joint of left third finger requiring eventual amputation, loss of consciousness, concussion, right ankle contusion and abrasion and road rash. The defendant individuals denied all allegations of negligence and argued that the female minor failed to heed the warnings and safety tips provided by the defendants specifically that the minor plaintiff failed to use her seatbelt. The defendant manufacturer denied that the product was unsafe for its intended use and also argued that the minor failed to heed the safety warnings and tips.The plaintiffs settled with all the defendants for a lump sum of $________.

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