Product Liability Defense of Vehicle Manufacturer Against Claims of Negligence Involving All-Terrain Vehicle
We represented a vehicle manufacturer in a product liability case where the plaintiff was riding an all-terrain vehicle manufactured by our client, and alleged that a tie rod malfunctioned and then broke, causing him to be thrown from the vehicle and suffer injuries. The plaintiff filed claims for negligence, strict liability and breach of warranty, while the plaintiff’s spouse also filed a claim for loss of consortium. We removed the case to federal court and the plaintiffs failed to timely disclose their liability expert and their expert’s report was inadequate due to the complex nature of the incident. Due to the complex nature of the incident, adequate expert testimony was required in order to prove the claims of negligence and strict liability. Without adequate expert testimony, we filed a motion for summary judgment and the motion was granted, removing any potential liability from our client.