Southeast Texas jury finds Yamaha not negligent in first Rhino rollover trial | Southeast Texas Record




It only took a few hours for Southeast Texas jurors in the first trial over Yamaha Rhino all-terrain vehicle rollovers to return a swift ruling of no negligence -- a verdict in the company's favor that could have far reaching effects.

With hundreds of Yamaha ATV suits pending in courts around the country, the victorious outcome obtained in Orange County may influence how Yamaha proceeds with similar litigation.

The product liability trial of Johnny Ray vs. Yamaha Motor Co. kicked off Aug. 18 and ended Aug. 27.

Jurors in the Orange County District Court of Judge Buddy Hahn were tasked to decide if Yamaha Motor Co. cut costs and negligently placed a defective off-road vehicle into the stream of commerce.

The day before deliberations began, jurors were reminded by an engineer that there are "no publishable standards" on ATVs like Yamaha's Rhino and, as far as rollovers go, the Rhino is "very resistant."

On Aug. 26, Lee Car, president of Carr Engineering, testified that his company thoroughly tested Yamaha's Rhino and found its crash avoidance capabilities to be on par with similar vehicles on the market, such as Polaris' Razor and Ranger ATVs.

"No vehicle is rollover proof," Carr testified, adding that the Rhino is "very resistant" to tilting and would not "roll over in normal use."

The case began when the 13-year-old Forest "Eddie" Ray was killed while operating a Yamaha Rhino more than two years ago. His parents sued Yamaha on his behalf in Orange County District Court, alleging the Rhino was "defectively designed" and prone to rollovers.

Specifically, the plaintiffs argued that if Yamaha had chosen not to skimp on costs and equip the Rhino with a rear differential - gears found in the rear axle of vehicles that distribute drive shaft power to the wheels - Ray would be alive today.

Carr also testified that, unlike most other vehicles, "there is no publishable standard" on ATVs like the Rhino, saying there is no requirement for ATVs to have rear differentials installed.


Southeast Texas jury finds Yamaha not negligent in first Rhino rollover trial | Southeast Texas Record


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