Southeast Texas Record

Thursday, April 2, 2020

ATV manufacturer settles suit brought after rider flipped vehicle

By David Yates | Jan 29, 2015

A suit brought after a woman flipped her ATV has been settled.

Earl Pryor, individually and as of next of friend to Stephanie Pryor, and Wesley Cain, as next friend to two minor children, filed a lawsuit against Arctic Cat on Aug. 1 in the United States District Court for the Eastern District of Texas Marshall Division.

On Sept. 12, 2012, Stephanie Pryor rode a 2009 Artic Cat 550 ATV, which flipped and crushed her, pinning her neck beneath the unit and depriving her of oxygen to her brain.

The plaintiffs alleged the flip occurred because the ATV was not reasonably crashworthy or reasonably fit for unintended but clearly foreseeable accidents.

Following six months of litigation, the parties filed a motion to dismiss, showing Artic had opted to settle the claim.

Court records further show Artic was named in a second suit brought by the plaintiffs filed in Dallas County, which also blamed the owners of the land and ATV for causing the incident.

Attorneys Todd Tracy, Steward D. Matthews and Andrew G. Counts of the Tracy Firm in Dallas, and Melissa Smith of Gilliam and Smith LLP in Marshall represent the plaintiffs.

Case No. 2:14-cv-00808-JRG

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