YAMAHA WINS!!! Yamaha -1 / Plaintiff's attorneys - 0!! - Yamaha Rhino Forums - Yamaha UTV Forum
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post #1 of 9 (permalink) Old 08-27-2009, 09:02 PM Thread Starter
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YAMAHA WINS!!! Yamaha -1 / Plaintiff's attorneys - 0!!

I really hate to cut and paste, but I wanted to share this with you all, and there was NO WAY in hell I was going to retype all of this!!! Anyway.....

I pulled this off of Truth About Rhino today, and had to post it up!! For all of you out there who have been supporting Yamaha in their fight against an onslaught of legal accusations......you should be EXTREMELY interested in hearing how Yamaha's first actual jury trial this week in Texas went down!

Yamaha Motor Corporation, U.S.A. Statement on Ray vs Yamaha Trial Verdict
Jury finds no product defect with Yamaha Rhino
Yamaha is saddened whenever anyone is injured in a Yamaha product-related accident, and we urge all our customers to follow the safety recommendations on our products and, as importantly, to always operate the products in a safe and responsible manner.
The jury’s decision to reject the plaintiff’s claims and award no damages in this case is appropriate. The jury made a decision based on the facts. The testimony and evidence during the trial showed that this tragic accident had nothing to do with the design of the product. Yamaha’s top priority is and always has been the safety of our customers, and we pride ourselves on the safety and quality of our products.
This accident demonstrates the importance of following the safety guidelines posted on the vehicles and the owner’s manuals. Rhinos are designed for off-road use only, and the vehicle is only recommended for adult drivers aged 16 or older with a valid driver’s license. Passengers must be large enough to keep their backs against the seat backs with both feet firmly on the floorboard. Drivers and passengers should wear helmets and the vehicle’s three-point seat belts at all times.
Yamaha stands firmly behind the Rhino as a safe and useful off-road vehicle and will continue to vigorously defend the product. To learn more about the Yamaha Rhino, visit our website Truth About Rhino.

Also....here is a link to a story I found about the trial today!
http://www.setexasrecord.com/news/co...w.asp?c=220821
(Please note the poll on the right side of the story page! Keep up the support, and vote!!!)

As I have said on several other forums today, this is HUGE for Yamaha, huge for the industry, and huge for any enthusiast of the Yamaha Rhino (maybe even for other UTV's)!

From what I have been reading, it's the plaintiff's attorneys who were pushing for a trial in front of a jury....they must have thought that they could sway "normal people" the same way they have succeeded in swaying the media and others who were never presented with the proper facts.

Well.....it appears that when this jury WAS presented with the correct information (again, something which the media and the attorneys have never done!), and Yamaha was allowed to present the facts......that common sense prevailed, and the Yamaha Rhino was NOT found to be defective! (I have a mental picture of the Plaintiff's attorneys pushing a Rhino into the courtroom, and, after getting the attention of Judge and Jury, sitting in it and telling it to flop over onto it's side....but it just sits there. Quietly......I know...I'm a little weird! LOL!)

The fact that they won this first case is important because, if I recall from my pre-law courses, future cases will look back on this case and will take into account how it was ruled - plus, it should take some of the wind out of all of these plaintiff attorneys sails - AND it restores my FAITH in MANKIND - at least for a while!

I applaud Yamaha for not rolling over (NO pun intended!) and giving in when the odds seemed stacked against them - for believing wholeheartedly in their product and in their company - for fighting the good fight for all of us Rhino people out here - and for retaining utmost professionalism at all times, which is even evident in this press release......

They have won this battle, but the war isn't over. Let's make sure we do all we can to keep the momentum going in Yamaha's (and ultimately, all of ours) favor! I am headed over to the CBS website to make sure they see the results of this trial!!

PS -I can't tell you how good it is to see that some people actually DO use their heads, and can figure things out for themselves! Kudos to the jury who saw through the BS and made the right decision!!
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post #2 of 9 (permalink) Old 08-28-2009, 08:30 AM
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bout time..some common sense prevailed in this country!

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post #3 of 9 (permalink) Old 08-28-2009, 11:00 AM
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cool

THERE IS ALWAYS SOMEONE FASTER

BUT ONLY A FEW CAN FLY

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post #4 of 9 (permalink) Old 08-28-2009, 12:27 PM
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thank god it was in Texas. if it was in cali, prob would have not turned out the same. glad it worked out!!!
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post #5 of 9 (permalink) Old 08-28-2009, 12:37 PM
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BlOOMBERG ARTICLE

Sorry if this is a duplicate, i am work and just got this from a friend!!!

Big win for Yamaha Rhino

Yamaha?s Rhino Is Safe If Used With Care, Jury Told (Update1) - Bloomberg.com


Yamaha’s Rhino Is Safe If Used With Care, Jury Told (Update1)
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By Sophia Pearson and Rogayle Franklin

Aug. 27 (Bloomberg) -- Yamaha Motor Co.’s Rhino vehicle, which has been linked to 59 deaths in the U.S., isn’t a toy and is safe when used according to instructions, a company lawyer said at a trial over the death of a Texas teenager.

The Rhino, a cross between a golf cart and an all-terrain vehicle, is blamed by the family for the death of Forest “Eddie” Ray, 13, in 2007. The machine, weighing about 1,000 pounds and going up to 40 miles an hour, is safe for off-road use with reasonable care, Yamaha lawyer’s Jeffrey Hawkins told jurors today in Orange, Texas.

“Because there is a death, that doesn’t mean it’s defective,” Hawkins said in closing arguments. “This vehicle was tested for four years in every prototype stage. It was an important product for Yamaha, so they wanted to do it right.”

Yamaha, based in Iwata, Japan, the world’s second largest motorcycle maker, faces about 500 lawsuits in the U.S. on claims design defects and a lack of safety features cause the Rhino to roll at low speeds. In April, the company stopped selling the vehicle and offered free repairs on 145,000 units.

Lawyers for the boy’s parents said in the trial that the Rhino’s narrow stance, its height and lack of a rear differential gear, which aids in turning, make it unsafe.

Ray died in September 2007 after the Rhino he was riding rolled over in a turn from a field onto a paved road. His speed was 14 to 17 miles per hour (23 to 27 kilometers per hour), Ray’s attorney Troy Rafferty said.

‘Defective, Dangerous’

“The Rhino is defective and unreasonably dangerous, and Yamaha knew it for years,” Rafferty said in his closing. “They knew this would kill people.”

More than two-thirds of Rhino accidents investigated in the U.S. involved rollovers, according to the U.S. Consumer Product Safety Commission. In many of the accidents, drivers were maneuvering at relatively low speeds on level terrain, the agency said. In some cases, injuries required the amputation of arms, legs and fingers, it said.

Lawyers for Yamaha blame Ray’s death on operator error.

The vehicle’s safety recommendations warn against drivers under 16 operating the machine. A warning label also cautions that the vehicle is for off-road use only and must be operated with seatbelts and protective gear, lawyers for the company said during the trial.

The case is Ray v. Yamaha Motor Corp. USA, B070626-C, 163rd Judicial District, Orange County, Texas (Orange).

To contact the reporters on this story: Sophia Pearson in Wilmington, Delaware, at [email protected]; Rogayle Franklin in Orange, Texas, at [email protected].

Last Updated: August 27, 2009 15:01 EDT

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post #6 of 9 (permalink) Old 08-28-2009, 01:11 PM
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Such great news!
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post #7 of 9 (permalink) Old 08-28-2009, 05:09 PM
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What do they mean a lack of a rear differential gear? Looks like they have a rear differential to me. As does my Yamaha Grizzly ATV. Goes to show those lawyers have no clue what they're talking about.

Great to hear the case was thrown out.
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post #8 of 9 (permalink) Old 08-28-2009, 06:23 PM
 
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Sorry they lost their kid but he was 13 too young to drive a rhino and driving on a black top road they have some blame in the matter.
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post #9 of 9 (permalink) Old 08-28-2009, 07:55 PM
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I remember driving ATV's when I was 8, but never rode them like an idiot either. They're fun to ride, but you just have to know the limits of yourself and the vehicle. I remember when they outlawed the sales of 3 wheelers, all because of people like that, the ATV, UTV, car, truck, boat, bicycle, skateboard, etc are safe when operated correctly, get someone on, or in one that don't have any common sense and then add to that sue happy parents, and owners, and this is what you end up with, someone trying to sue a company just for money, has nothing to do with the vehicle's safety, they just wanted money. I've ridden a couple yamaha rhino's and guess what they handle differently than a go-kart, golf cart, car, truck, etc.

I'm not saying people on here that race ATV's, UTV's etc are idiots, but when you put an inexperienced person behind the wheel of a UTV, etc, something like that is bound to happen.
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