Yamaha sued over defective Rhino

Michelle Massey, East Texas Bureau Aug. 9, 2010, 5:49am

TYLER-Two Montgomery County residents have filed a lawsuit against Yamaha after the Yamaha Rhino they were riding in allegedly rolled over, injuring both of them.

Lennox Lovelady, III and April Laney filed suit against Yamaha Motor Corp. U.S.A. on July 6, 2010 in Cherokee County District Court. Yamaha removed the case to federal court in Tyler on Aug. 3.

The incident occurred on Nov. 27, 2009, as Lovelady was operating a 2008 Yamaha Rhino with Laney. The vehicle allegedly rolled over while making a left hand turn and injured both of the occupants.

Lovelady and Laney allege that that vehicle is defectively designed, manufactured, and marketed. Claims of action filed against the defendant include strict liability, negligence, and breach of warranty.

The plaintiffs are seeking damages for medical care and expenses, physical pain and suffering, physical impairment, loss of parental consortium, property damages, and mental anguish.

The petitioners are represented by Richard C. Dalton of Scott, La., and Kevin R. Duck of Duck Law Firm in Lafayette, La.

U.S. District Judge Leonard Davis is assigned to the case.

Case No. 1:10cv00454

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