Kelly, Remmel & Zimmerman Announce Federal Court Has Coordinated Growing Numbers of Lawsuits Alleging Yamaha Rhino is a Dangerous and Defective Vehicle

Portland, ME, March 11, 2009 -- R. Terrance Duddy of Kelly, Remmel & Zimmerman announced today that all federal litigation arising out of the mounting toll of death and severe injuries to occupants of the Yamaha Rhino Utility Terrain Vehicle (UTV) has been coordinated by the Judicial Panel on Multidistrict Litigation and assigned to U.S. District Court Judge Jennifer B. Coffman of the Western District of Kentucky.

Scores of adults, teenagers, and children across America, including residents of Maine, have been left permanently disabled after their hands, arms, feet, and legs have been crushed in Yamaha Rhino rollovers. At least 38 deaths nationwide have occurred.

"Lawsuits filed against Yamaha allege that from its introduction to the market in 2004, the Yamaha Rhino has been a rollover-prone vehicle with numerous safety defects," stated Duddy. "Residents of Maine that have been injured in Yamaha Rhino accidents should speak to legal counsel to learn of their rights and remedies under the law. Since the period to file an injury lawsuit under Maine law is six years, Maine residents injured in Yamaha Rhino accidents even in 2004 may still be eligible to bring a claim."

"Many of these injuries would not have occurred if Yamaha had incorporated readily available safety measures in the design of its Rhino UTV," noted attorney Paulina do Amaral of the national plaintiffs' law firm Lieff Cabraser Heimann & Bernstein, LLP. "Yamaha must make key safety adjustments to protect occupants before further accidents and injuries occur." Lieff Cabraser is working with Kelly, Remmel & Zimmerman in representing Maine residents in the Yamaha Rhino litigation.

A report issued recently by victims of UTV rollovers, including the parents of children killed or injured in such accidents, as well as adult victims, the Trauma Foundation, and the Center for Auto Safety called for basic changes in the design of UTVs to substantially increase their ability to protect occupants in the event of rollover accidents. The report, entitled Citizen Report on UTV Vehicle Hazards, focused on the Yamaha Rhino and noted that it and other UTVs were introduced without having to meet government safety and performance standards.

In August 2007, Yamaha announced that in response to the risk of injury during side rollover accidents it was offering to install half-doors free of charge for all 2004-2007 Rhinos. For the 2008 model, the half-doors came standard.

However, Yamaha never issued a recall of the vehicle. As a result, it is estimated that only half of the 120,000 Rhinos sold in the U.S. from 2004 to 2007 have been retrofitted. Moreover, complaints filed against Yamaha allege that the half-doors are inadequate to prevent many injuries Yamaha knows occur when these vehicles roll over.

The Citizen Report on UTV Vehicle Hazards calls upon Yamaha to recall the Rhino to equip it with full doors and netting to protect occupants. In addition, the report sets forth design changes to the Rhino to promote occupant safety, including adding roll bar padding, increasing its axle width, lowering its center of gravity and/or adding a rear differential, to improve stability and handling. A copy of the report is available to the public at www.yamaharhinorolloverandrecall.com/report.htm

Source | Contact

R. Terrance Duddy
Kelly, Remmel & Zimmerman
(207) 775-1020
rtduddy@krz.com

Paulina do Amaral
Lieff Cabraser Heimann & Bernstein, LLP
(212) 355-9500
pdoamaral@lchb.com