Facts

Elizabeth Ault-Smietana sued Yamaha Motor Corp. USA, Yamaha Motor Manufacturing Corp. of America, and Yamaha Motor Co. Ltd., in connection with injuries she sustained from a tip-over crash involving a 2007 Yamaha Rhino 660 SE.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that she sustained injuries from a tip-over crash involving defendant's vehicle on March 30, 2010. Plaintiff was a passenger in the crash. Plaintiff alleged that the vehicle was unstable and did not provide crash protection and adequate warnings to occupants.

DEFENDANTS' CONTENTIONS:
Defendant contended that the crash occurred when the driver, plaintiff's husband, was aggressively attempting an unsafe turn when he clipped a sand dune, causing the vehicle to tip over. Defendants contended that the vehicle was heavily customized, affecting the vehicle's safety. Defendants also claimed plaintiff caused her injuries by failing to wear a seat belt properly or appropriate riding gear, and by failing to follow medical advice after the crash.

Damages

Plaintiff requested $16.78 million in damages and punitive damages.

Injuries

Plaintiff sustained an open fracture of her right lower leg. Her lower right leg was eventually amputated below the knee after numerous surgeries and a long-term infection.

Result

A unanimous jury rendered a defense verdict.

Other Information

FILING DATE: Feb. 16, 2011.

Poll

12-0

Length

six weeks