Frankston couple files lawsuit after ATV catches fire

Michelle Keahey, East Texas Bureau Aug. 5, 2013, 5:18pm

TYLER - A Frankston couple has filed a lawsuit against the manufacturer of an all terrain vehicle claiming that the battery charging system caught on fire and caused significant property damage.

Kyle Riley and Julie Riley filed suit against E-Z Go, a division of Textron Inc. and Diversified Power International on June 19 in Anderson County District Court. The defendant removed the case to the Eastern District of Texas, Tyler Division on July 29.

The fire occurred on Sept. 4, 2011, at the Riley home located in Frankston. The fire allegedly originated in an E-Z Go ATV, specifically in the battery charger. Germania Insurance reimbursed its insured $563,329.04 for the damages sustained as a result of the fire.

The defendants are accused of breach of implied warranty of merchantability, breach of express warranty, strict liability for a defective product, and negligence for planning, designing, assembling, distributing and/or manufacturing a battery charging system which does not accomplish its intended purposes, failure to exercise reasonable care, failure to conduct reasonable testing and inspection of the battery charging prior to placing it in the stream of commerce and negligent supervision of the manufacture and assembly process.

The lawsuit is seeking an award of $563,329.04, plus interest and court costs.

The plaintiffs are represented by Barry G. Hasten and Jennifer L. Munoz of Hasten & Hasten in Arlington.

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

Case No. 6:13-cv-00559

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