MARSHALL - A Tyler woman’s family has filed a lawsuit claiming she suffered severe injuries because an all-terrain vehicle overturned and pinned her underneath.
Earl Pryor, individually and as next friend to Stephanie Pryor, an incapacitated adult, and as next friend to two minor children, filed suit against Artic Cat Inc. on Sept. 4 in the Eastern District of Texas, Marshall Division.
The accident occurred on Sept. 23, 2012 as Stephanie Pryor was operating a 2009 Arctic CAT 550 ATV on private property located in Flint. According to the lawsuit, the ATV overturned and landed on top of Stephanie Pryor, causing her to be crushed, pinned down and trapped underneath the ATV.
The suit claims the ATV’s handle bars allegedly pinned Pryor’s neck down and caused her to be strangled and choked. According to the lawsuit, Pryor was without oxygen to her brain for a lengthy period of time and caused severe injuries.
The defendant is accused of allegedly manufacturing an ATV that was not reasonably crashworthy and was not reasonably fit for unintended, but clearly foreseeable, accidents.
The vehicle allegedly was defective because the ATV was unstable, had poor handling characteristics, steer response is too long, prone to experience severe under steer and over steer, suspension and tuning lead to loss of control handling and stability, was not tested properly, and had inadequate engineering analysis, according to the suit.
The plaintiff is seeking an award of damages for pain and suffering, emotional distress, mental anguish, impairment, disfigurement, loss of consortium, interference with her daily activities, reduced capacity to enjoy life, medical expenses, diminished earning capacity, interest, and court costs.
The plaintiffs are represented by E. Todd Tracy, Stewart D. Matthews and Andrew G. Counts of The Tracy Firm in Dallas and Melissa Smith of Gilliam & Smith LLP in Marshall.
U.S. District Judge Rodney Gilstrap is assigned to the case.
Case No. 2:13-cv-00694