Press Release - Tennessee and Georgia Residents Allege Flaws in Design of Yamaha Rhino Led to Rollover Accidents Causing Disfigurement, Amputation and Other Severe Injuries
Nashville, TN, November 7, 2008 - Mark P. Chalos of the national plaintiffs' law firm Lieff Cabraser Heimann & Bernstein, LLP, announced that Greg and Teresa Mitchell of Clarkville, Tennessee filed a personal injury lawsuit against Yamaha Motor Corporation on behalf of their 11-year old daughter. The Mitchells charge that the Yamaha Rhino side-by-side is a dangerously unstable and defective all terrain vehicle ("ATV"). The complaint was filed yesterday in Federal court in Nashville.
On June 10, 2005, the Mitchells' daughter was riding as a passenger in Rhino ATV when during normal operation the vehicle tipped over onto the passenger side. She suffered severe injuries to her knee, arm, foot and ankle, requiring surgery and the amputation of four toes on her right foot.
"No more children or adults should suffer serious injuries for simply riding in the Rhino. In a split second, these dangerous vehicles can change a life forever," stated Teresa Mitchell. "We hope the lawsuit will lead Yamaha to acknowledge its legal responsibility to injured riders and make the Rhino a safe vehicle."
Today, Jeffrey Lambert, a 47-year old physician's assistant and former captain in U.S. Air Force, filed a personal injury lawsuit against Yamaha for the catastrophic injuries he suffered. On August 17, 2007, the Rhino Lambert was driving tipped over at a low rate of speed.
Lambert sustained numerous fractures, dislocations, and lacerations, and was stranded alone for over six hours before rescue. Lambert's injuries were severe and necessitated the amputation of one-third of his left foot. Lambert has had to undergo numerous surgeries, continues to suffer severe and persistent pain and is at risk for early onset of arthritis.
"During my career as an Air Force Captain and Flight Surgeon, I participated in combat search-and-rescue missions in many demanding environments such as the Southern 'No-Fly' Zone in Iraq. During even the most physically demanding special operations, regardless of what challenges I faced, my body was always able 'to get the job done,' and complete the mission," said Lambert. "Ironically, the aftermath of a tipover on the Yamaha Rhino is the first time in my life I have demanded something of my body and it cannot do it."
"By making a decision that it was not cost-effective to make the Yamaha Rhino stable, Yamaha took away my choice to stay safe," Lambert added. "Had I known about these defects, I would have had a chance to save my foot and avoid these debilitating injuries."
Lambert, a resident of Juliette, Georgia, filed his lawsuit in Georgia state court. Representing Lambert are Mark P. Chalos of Lieff Cabraser and Robert H. Smalley III of McCarmy, Phillips, Tuggle & Fordham of Dalton, Georgia.
Both the Mitchells and Lambert allege in their complaints that the Yamaha Rhino side-by-side contains multiple design flaws rendering it dangerously unstable and unduly prone to tipping and rolling over. These defects include a top-heavy design resulting in a high center of gravity, and a dangerously narrow track width. "The design flaws make the Rhino dangerously susceptible to tipping and rolling over, even when being driven at slow speeds," stated Chalos.
"Yamaha has made no design changes to improve the stability or handling of the Yamaha Rhino, in spite of the availability of safe and inexpensive alternative designs and feasible modifications," charged Smalley. "Yamaha must address the Rhino's core stability problems."
Persons injured in Yamaha Rhino accidents should visit www.yamaharhinorolloverandrecall.com, a website operated by Lieff Cabraser, to learn more about the dangers posed by the Yamaha Rhino and obtain a guide to their legal rights. Lieff Cabraser personal injury lawyers will promptly review each case submitted without charge or obligation.
Source/Contact
Mark P. Chalos
Lieff Cabraser Heimann & Bernstein, LLP
(615) 313-9000
