Two men say the manufacturer of an all terrain vehicle must be held responsible for injuries a woman sustained in an accident due to the unreasonable danger posed by the company's product.
Earl Pryor, individually and Stephanie Pryor, and Wesley Cain, as next friend to two minor children, filed a lawsuit Aug. 1 in the United States District Court for the Eastern District of Texas Marshall Division against Arctic Cat Inc.
According to the complaint, on Sept. 12, 2012, Stephanie Pryor she 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 say this occurred because the ATV was not reasonably crashworthy or reasonably fit for unintended but clearly foreseeable accidents.
Court papers allege the defendants designed an unreasonably dangerous product due to defects that include instability and poor handling characteristics, improper testing and inadequate engineering analysis. The plaintiffs also claim that the ATV is prone to severe under and over-steer and that the suspension and tuning lead to loss of control in handling and stability.
As a result of those deficiencies, court papers say Stephanie has suffered injuries that led to pain and suffering, extreme emotional distress, disfigurement and interference with her daily activities. She has also incurred medical expenses and diminished earning capacity.
The plaintiffs seek a judgment for damages, pre- and post-judgment interest, costs associated with the lawsuit and other damages.
They are represented by 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.
United States District Court for the Eastern District of Texas Marshall Division case number 2:14-cv-00808-JRG.
This is a report on a civil lawsuit filed at the United States District Court for the Eastern District of Texas Marshall Division. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it represents only one side of the story.