Our automobile product liability team, including Rich Schoenberger, Andrew McDevitt, Matthew Davis and Ian Head obtained a $26,300,000 jury verdict in Orange County Superior Court in September for a 26-year-old Utah man who was paralyzed when a Yamaha YXZ1000R rolled over. During the rollover, the vehicle’s ROPS (Rollover Protection System) collapsed into the passenger compartment. Our client was the seventh victim to file a lawsuit after suffering paralyzing injuries during a forward rollover and roof failure of this model vehicle. This was the first case to go to trial.
In trial, Yamaha vigorously denied any defect and instead blamed the driver for driving “blind” in the sand dune park. Utilizing nationally recognized experts, the team showed how the collapsing roof structure was responsible for our client’s spinal cord injuries. The team repeatedly overcame a relentless parade of defense witnesses retained to deflect the truth and refute causation.
The jury found 9-3 that the YXZ1000R model’s risks outweighed any benefits of its design. The jury apportioned 75% liability to Yamaha and 25% to our client’s uncle, who was driving. The verdict included $10,000,000 for non-economic losses, $2,390,000 for lost earnings, and $13,950,000 for past and future medical expenses.
The verdict ensures our client’s lifelong care needs are met, while bringing public awareness to this preventable defect. It sheds light on the manufacturer’s negligence and will hopefully prompt remedial action by Yamaha to retrofit the thousands of defective vehicles that remain in use by consumers unaware of its hazards.
