MARSHALL-Claiming they were riding on a fairly flat and grassy terrain, Michael Best's 2007 Yamaha Rhino 660 ATV rolled over causing the passenger, his wife, to injure her leg.

Arguing the incident was caused by product failures in the Yamaha, Brandi and Michael Best filed suit against Yamaha Motor Corp. U.S. A., Yamaha Motor Manufacturing Corporation of America and Yamaha Motor Co. Ltd. on May 20 in the Marshall Division of the Eastern District of Texas.

"The Yamaha Rhino ATV was placed in the stream of commerce in a defective condition, unreasonably dangerous to the users thereof, and not fit for its intended use and reasonably foreseeable purposes," the lawsuit states.

Causes of action filed against the defendants include strict liability, negligence and breach of warranty.

The plaintiffs are seeking damages for health care expenses, physical pain and suffering, mental anguish, physical disability and impairment, disfigurement, lost wages, loss of consortium, loss of household services of his wife, court costs and interest.

The plaintiffs are represented by Marshall attorneys Mike C. Miller and Lisa M. Andrews of the Law Office of Mike C. Miller PC and Austin attorney Price Ainsworth of The Law Office of Price Ainsworth.

U.S. District Judge David Folsom is assigned to the litigation.

The case is expected to be transferred to the multi-district litigation pending in the Western District of Kentucky, Louisville Division (MDL No. 2016).

Case No. 2:10cv00165

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