HOUSTON — The manufacturer of an XTV is facing a suit alleging the vehicle's defective floorboard allowed a tree root to come through and into a man's leg.
Shane King and Jennifer King, individually and as next friends of minor S.C.K., filed a complaint July 27 in Harris County District Court against Mahindra USA Inc., and Intimidator Inc., alleging negligence and other claims.
The Kings allege in their complaint that Shane King was driving his 2018 Mahindra XTV with his son S.C.K., who was six years old at the time, in a "lightly wooded area" in their neighborhood on Oct. 1, 2019. They claim that a "small, rooted tree limb" came through the XTV's floorboard with force and went through Shane King's thigh and exited through his buttocks and caused him to be pinned to the XTV while "narrowly missing his son."
The Kings claim the defective nature of the XTV's floorboard was the cause of the incident and that the defendants designed and manufactured an unreasonably dangerous product. They further claim the defendants falsely marketed their XTV as the "toughest utility vehicles on earth" but failed to conduct adequate testing of their product which was unsafe for its intended purposes and failed to warn of the risks.
The Kings claim they have suffered medical expenses, loss of earnings and other damages as a result of the accident.
The Kings seek monetary relief of more than $1 million, interest and all other just relief.
They are represented by Brant Stogner, Jennifer Stogner, Jonathan Sneed and Jonathan Pace of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner in Houston.
Harris County District Court case number 2021-45343