A jury in Gwinnett County, GA has awarded $317,002 to a north Georgia couple for injuries caused by the husband's leg being trapped by his Yamaha off-road vehicle in 2007. Rogert McTaggart of Blue Ridge sustained a "serious crush injury" when the utility terrain vehicle tipped over on "an uneven, relatively flat, grassy area," court documents alleged. Attorneys for Yamaha disputed the description.
The $317,000 award consisted of pain-and-suffering damages, medical expenses, lost wages, future lost wages and loss of consortium for the injured man's wife. Although many plaintiffs in UTV rollover cases against Yamaha have alleged design defects make the vehicle more prone to rollover, that argument was not made in this case. Attorneys for the McTaggarts argued that the Yamaha Rhino should have included a barrier to keep the riders' legs inside the vehicle.
This verdict will have far-reaching implications, as there are hundreds of pending Yamaha Rhino rollover cases around the country. The next case scheduled to go to trial in Gwinnett County, Georgia, is scheduled for August. A trial is currently underway in Orange County, CA.
Sources: Lawyers and Settlements, Law.com
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