A Texas jury on Aug. 27 returned a verdict for the defendant in a deadly all-terrain vehicle (ATV) rollover accident action, finding that the company did not negligently place a defective product into the stream of commerce (Johnny Ray, et al. v. Yamaha Motor Co., No. B070626- C, Texas Dist., Orange Co.).

Johnny Ray sued Yamaha Motor Co. in the Orange County District Court on behalf of his late son Forest Ray, who died in an accident while operating a Yamaha Rhino ATV. Ray contended that the Rhino is defectively designed and has a propensity to roll over.

Forest Ray, who was 13 at the time of the accident, had his skull crushed under the weight of the Rhino when he flipped the vehicle while making a turn from grass onto a paved road. The plaintiffs contended that rear differential gears and other safety features would have prevented the rollover when the vehicle turned onto the pavement.

Yamaha maintains that the Rhino is designed for drivers 16 and older and warns drivers that the vehicle is for off-road use only. Occupants are cautioned to wear seat belts and protective gear. A source told Mealey Publications Yamaha argued that Forest Ray was left unsupervised and wasn't wearing a helmet or seat belt at the time of the crash.

After several hours of deliberations, the 13-person jury returned a verdict for Yamaha, ruling that the company was not negligent in its design of the Rhino. The case was tried before Judge Buddy Hahn.

Hundreds of similar actions have been filed against Yamaha throughout the country. In re: Yamaha Motor Corp. Rhino ATV Products Liability Litigation (MDL. 2016) is pending in the U.S. District Court for the Western District of Kentucky and involves hundreds of serious rollover injuries and at least 46 driver and passenger deaths. The U.S. Consumer Product Safety Commission has advised consumers not to use certain Yamaha Rhino ATVs until they are repaired under a recall program by the manufacturer.