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Bob Bennett negotiates largest pre-trial
settlement of an ATV with Kawasaki for New Mexico Youth, Jeffrey Black, who
suffered head injuries on defective 3-wheel ATV
In November 2000, a Valencia County, New Mexico
District Court approved settlement in the matter of Isaac Black, et al v.
Kawasaki Motors Corp., U.S.A., et al. The confidential settlement is the
largest pre-trial settlement of an ATV case by Kawasaki in nearly ten years.
The suit was brought on behalf of Jeffrey Black, a minor, who suffered severe
head injuries while riding a Kawasaki 3 wheeled ATV. Mr. Black alleged
negligence by Kawasaki, strict products liability and breach of implied
warranties of merchantability and fitness for a particular purpose. The
Black’s were represented by Bob Bennett and Ryan Hicks of the Bennett Law
Firm, P.C., Houston, Texas, Michael G. Rosenberg of the Law Offices of Michael
G. Rosenberg & Associates, P.C. and Jerrald Roehl of the Roehl Law Firm, both
of Albuquerque, New Mexico. Bennett has been involved in numerous cases
against manufacturers of ATVs and previously obtained verdicts of $30,000,000
and $15,400,000 against Honda Motor Company.
Jeffrey Black suffered catastrophic head injuries
while operating a 1984 KLT 160. Traveling along a dirt road Jeffrey steered
toward the side of the road to avoid two girls approaching on horseback. As he
made the turn the three-wheeler flipped, rolling over on Jeffrey resulting in
a depressed skull fracture and brain hematoma. He was not wearing a helmet at
the time of his accident. Attorneys for the Plaintiffs claimed that the
3-wheel Kawasaki was defectively designed and unreasonably dangerous. The
design defects included the three-wheel design, a high center of gravity, a
short wheelbase, a lack of differential, a lack of rear suspension and use of
low-pressure high traction tires. Kawasaki’s defense claimed excessive speed
and failure to wear a helmet.
Following substantial discovery and depositions of
eyewitnesses to the accident, Kawasaki agreed to mediate the case and the
parties reached a resolution of the matter. The confidential settlement is one
of the largest settlements or verdicts obtained in the state of New Mexico in
2000 and surpasses the largest verdict in the history of Valencia County, New
Mexico. Recently the Bennett Law Firm represented clients in Kentucky and
settled a Yamaha ATV case for $3.2 million. Co-counsel included Robert Sanders
of Covington, Kentucky and Jeffrey Roberts of Murray, Kentucky.
For Further
Information:
Robert S.
Bennett
The Bennett
Law Firm, P.C.
The Lancaster
Center
515
Louisiana, Suite 200
Houston,
Texas 77002
(713)
225-6000
bbennett@bennettlawfirm.com
Michael G.
Rosenberg
Law Offices
of Michael G. Rosenberg
10400 Academy
Rd. NE, Suite 300
Albuquerque,
New Mexico 87111
(505)
275-5600
mgr@lobo.net
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