Facts

Chelsea Rush rented a 2008 Honda TRX250EX all terrain vehicle in the Ocotillo Wells State Vehicle Recreation Area in Borrego Springs to go trail riding with her boyfriend. Rush veered off the trail when she suddenly reached a sandy wash, which are sections of eroded land with large sand deposits from considerable amounts of rocks and gravel that have been carried away downstream. Rush's mother filed a suit individually and on Rush's behalf for negligence and strict product liability for the ATV's design and failure to warn about a dangerous condition.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that her right foot came off the foot peg and caused her to veer off because the bike was defectively designed and did not prevent the foot from touching the rear tires. Plaintiff contended further that Defendant did not adequately warn her about the consequence of not keeping her foot on the peg.

DEFENDANT'S CONTENTIONS: Defendant contended through an expert that it had completed over 20,000 tests and the foot peg labeling satisfied the American National Standard for Four Wheel All-Terrain Vehicles. Defendant further contended through an accident-reconstruction expert that Plaintiff's injuries were not caused by its negligence, but rather by a combination of her lack of experience in all-terrain vehicles and poor physical condition when the incident occurred.

Damages

$160 million for past and future medical costs and pain and suffering.

Injuries

Plaintiff suffered cervical spinal fractures that led to her becoming an incomplete quadriplegic before ultimately undergoing spinal untethering surgery.

Result

The jury rendered a defense verdict.