Rush v. Honda- Personal Injury: Manufacturing Defect – ATV Accident + Paraplegia (quadriplegia?)
Manufacturing defect resulting in paraplegia. Major manufacturer of ATVs and Cars is the defendant.
The plaintiff is 24 years old and 8 months pregnant; she and her boyfriend are riding ATVs that they rented at a reasonable rate of 5-10mph; however, the client’s foot slips from the pedal and gets trapped behind the right back tire; her food gets wedged between the ground and the Tyre, and as she tries to pull her foot out, she loses control and runs into a dirt embankment and gets ejected into the embankment head first, thereby breaking her neck. She delivered her baby while still in the hospital—her baby is now 1 year old.
Manufacturer is filing every motion possible; brought in their top national trial lawyer; client is fighting to try to be a mom under the difficult circumstances and is unable to hold her child; she depends on her mother, grandmother, and 24-hour nurse to take care of her.
Questions deal with liability not recoverability when it comes to a case like this; baseline = using a product in the way that is in intended for should not result in someone getting hurt.
The key is to dig into the science of the machinery and determining how the individual used the ATV. Design and knowledge about the danger of a product is also important, especially when calculating cost-benefit-analysies is also important to a big corp.