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CONFIDENTIAL

Mar. 8, 2005

Torts
Product Liability
Wrongful Death

Confidential

Settlement –  $400,000

Judge

S. James Otero

Court

USDC Central


Attorneys

Plaintiff

Brian D. Chase
(Bisnar Chase LLP)


Defendant

L. Victor Bilger Jr.


Facts

The subject suit relates to a fatal motorcycle accident that occurred on Feb. 18, 2001 during a sanctioned motocross off-road motorcycle race. On Aug. 19, 2003, the plaintiff Mikala McNutt, the minor daughter of the decedent, filed an action for personal injuries, wrongful death, survival and product liability alleging that the defendant Competition Accessories (Competition) and Yamaha Motor Corporation, U.S.A. and Yamaha Motor Co. Ltd. (collectively Yamaha) defectively designed and distributed the motorcycle involved in the crash. The minor lived with her mother (who was divorced from the decedent) full time in Michigan and saw the decedent once a year.

Settlement Discussions

The plaintiff had made a settlement demand of $1 million. The case ultimately settled for $400,000 at the end of a full-day mediation before Judge S. James Otero.


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