Yamaha Rhino Rollover: First 2010 Trial
The first Yamaha Rhino trial in the multi-district litigation (MDL) will begin in October 2010.
Product liability cases have been consolidated into MDL that is being handled by U.S. District Judge Jennifer Coffman of the Western District of Kentucky. MDL is a procedure designed to speed the process of handling many similar, complex cases by analyzing pre-trial proceedings in one court and then remanding cases to their original courts for trial.
The lawsuits filed against Yamaha over its four wheel all terrain vehicle (ATV) or utility terrain vehicle (UTV) generally allege that the Yamaha Rhino is defectively designed and is prone to roll over even when traveling at very low speeds and on flat terrain. Many injuries and deaths blamed on the Rhino involve children who have become pinned under the vehicle after it has rolled over. Earlier versions of the Rhino, first introduced in 2003, did not have safety features that kept occupants inside of the vehicle.
Lawsuits in the MDL have been divided into the following case groups:
1. Case Group 1: Lawsuits added to the MDL on or before May 22, 2009. The first trial from this group is scheduled to begin on October 18, 2010, involving a case brought by Donna Adorno. This case will be followed in rapid succession by four more cases, which are scheduled to begin on November 15, November 29, December 13 and January 10, 2011.
2. Case Group 2: This group includes lawsuits that were filed between May 22, 2009 and July 31, 2009. Trial of the first lawsuit from Case Group 2 was originally set to begin in September 2010.
3. Case Group 3: Includes lawsuits that are filed between July 31, 2009 to October 31, 2009. First trial from Case Group 3 was set to begin December 2010.
Judge Coffman directed the Lead Counsel for the Plaintiffs and Defendants to meet and confer at least 30 days before the deadline for discovery in each Case Group, to discuss selection of one or more cases for the first trial. If an agreement cannot be reached, the parties will submit their respective proposals to the Court for consideration.
While Yamaha initially settled several of the early rollover lawsuits filed, as the number of claims has grown, they have indicated an intention to defend the cases at trial.
In August, a Texas state court jury found that Yamaha was not liable for the death of a 13 year-old boy in a wrongful death suit filed by his parents. In that case, the jury decision was based on the individual circumstances of that accident, including the fact that the teenage boy was driving a Rhino that had been modified and his father testified that he was not wearing a helmet when the vehicle flipped and crushed him.
