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Yamaha
Rhino Rollover &
Recall - Blog |
Archive for April, 2009
Monday, April 27th, 2009
Last week the West Virginia Record reported:
Two West Virginia residents have filed separate suits against a prominent ATV manufacturer, alleging they were injured after their four-wheelers flipped. Teresa Urban, on behalf of her minor son identified only as B.U., and Erik Morris filed federal suits against Yamaha.
Urban says her son was seriously injured when the Yamaha Rhino on which he was riding on March 2, 2008, rolled over. Likewise, Morris says he was seriously injured when the Yamaha Rhino on which he was riding on May 28, 2007, rolled over. They say the incidents occurred because the Yamaha Rhino was not stable and lacked necessary safety features, such as doors.
Read a copy of the full article on the West Virginia Record website.
Posted in Lawsuits | Comments Off
Tuesday, April 7th, 2009
Lieff Cabraser Heimann & Bernstein, LLP has been representing Yamaha Rhino victims for three years. We currently represent more than 100 Rhino clients, and have filed cases in federal and state courts throughout the country. These cases allege that the Rhino is dangerously unstable and lacks essential crashworthiness features. The recent Consumer Product Safety Commission action confirms our long-held view that the Rhino is unduly prone to tipping over.
On February 13, 2009, the Judicial Panel on Multidistrict Litigation coordinated all federal Yamaha Rhino litigation for discovery and pretrial purposes and assigned the case to U.S. District Court Judge Jennifer B. Coffman of the Western District of Kentucky. On March 25, 2009, the Court appointed Elizabeth J. Cabraser of Lieff Cabraser as Plaintiffs’ Lead Counsel.
In addition, Lieff Cabraser is serving as co-trial counsel in a case scheduled to commence trial later this month in California state court. This will be the first Rhino injury case in the nation to proceed to trial.
Update
April 17, 2009
Unfortunately, Yamaha last week successfully sought continuance of the California state court trial on the ground that it needed an expert to address the March 31, 2009 action by the Consumer Product Safety Commission.
Tags: Lawsuits, UTV safety, Yamaha Rhino Posted in Safety | Comments Off
Wednesday, April 1st, 2009
The Rochon Genova law firm of Toronto, Ontario announced today that a proposed class action claim has been issued with the Ontario Superior Court of Justice. The national class action is on behalf of all persons in Canada who suffered personal injury following tip-over accidents involving Yamaha Rhino Recreational Utility Vehicles, and family members of those injured Canadians.
The class action alleges that the Rhino is prone to tip over because of its narrow track-width, high platform, high center of gravity, and top-heavy design, all of which lead the vehicle to easily tip over under normal and foreseeable driving conditions, including at low speeds on even terrain.
The claim was issued as a result of the death of thirteen-year-old Wyatt Bauer, who died when the Rhino he was driving flipped over, causing multiple injuries, including fatal head trauma. The claim will be amended to include the allegations of Colin Baker, whose foot was trapped by the unpadded roll cage of a doorless Rhino that tipped over, resulting in multiple corrective surgeries.
Lieff Cabraser is associated with Rochon Genova, which represents plaintiffs in a wide range of civil cases.
Tags: Canada, rollovers, Yamaha Rhino Posted in Safety | 1 Comment »
Wednesday, April 1st, 2009
On March 31, 2009, Yamaha Motor Corp. USA suspended sales of its Rhino off-road vehicles Tuesday and a repair program after the Consumer Product Safety Commission determined that they had been involved in more than 50 accidents resulting in 46 deaths and hundreds of injuries. As noted in the Los Angeles Times, the commission’s acting chairwoman, Nancy Nord, said she became so concerned about the number of deaths and injuries associated with the Rhino vehicles that “I directed staff to step up their investigative efforts.” More than two-thirds of the reported accidents were rollovers, many involving turns at low speeds and on level terrain, the commission statement said.
The reporter spoke to Heidi Crow of Winsborough, Texas and a client of Lieff Cabraser. Ms. Crow’s 9-year-old son, Jeremy Todd, known as J.T., died in a Rhino rollover accident June 22, 2007. Crow stated:
“This is the first time that I’ve felt like all the work and everything that we’ve been doing over the last 21 months has paid off. There’s been a lot of lives lost that could have been prevented, but the changes are being made, so I’m happy. These repairs address the Rhino’s design defects. If we make it wider, then we make it more stable and we make it safer and we save people’s lives, and that’s what this is all about.”
Tags: repair program, rollovers, Yamaha Rhino Posted in Safety | Comments Off
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About Lieff Cabraser |
Founded in 1972, Lieff Cabraser Heimann & Bernstein, LLP is
an over fifty attorney law firm with offices in San Francisco, New
York and Nashville. For the last seven years, the National
Law Journal has recognized Lieff Cabraser as one of the top plaintiff law firms
in America. |
To learn more about the advantages our lawyers
offer clients in personal injury and wrongful death cases, click
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