Preview
RGER
ELECTRONICALLY FILED
Superior Court of California,
County of Alameda
ate Bar #122190) (){/06/2029 at 02:45:35 PM
By: Anita Dhir,
#271371)
Deputy Clerk
-OOK
L020
3)
VTHE
1F THE STATE OF CALIFORNIA
RENE C. DAVIDSON COURTHOUSE
Lead Case No. RG19034284 (c/w
RG19046425)
ASSIGNED FOR ALL PRE-TRIAL
PURPOSES TO
JUDGE JAMES REILLY
DEPARTMENT 25
DECLARATION OF ANDREW P.
MCDEVITT IN SUPPORT OF
O., PLAINTIFFS’ MOTION FOR LEAVE
TO FILE A FIRST AMENDED
COMPLAINT
Date: May 17, 2023
Time: 3:00 p.m.
Dept.: 25
Reservation No.: 760416085679
Action Filed: September 9, 2019
I Trial Date: April 24. 2023
1
PLAINTIFFS’ MOTION FOR LEAVE TO FILE A FIRST
CASE NO. RG19034284 (c/w RG19046425)
» as follows:
imitted to practice before this Court. [ama
& Schoenberger, attorneys of record for
mal knowledge of the facts set forth herein, and
ild competently testify thereto. I make this
lotion for Leave to File a First Amended
itastrophic and avoidable injury that occurred
cure (““ROPS”) on a 2016 Yamaha YXZ 1000R
y the Yamaha defendants collapsed and crushed
dent that arose from the foreseeable use of the
result of the negligent design, manufacture, and
a YXZ 1000R side-by-side, Hunter Lenthe is
in Liberatore and Akihiro Tsuzuki revealed that
regard for the safety of YXZ consumers,
‘ely had chosen to ignore reports of catastrophic
omplaint, attached hereto as Exhibit A, on
bility (manufacturing defect), strict liability
»to warn), and negligence. The original
r Lenthe and Mycalah Lenthe as plaintiffs and
Loss of Consortium on behalf of Mycalah
ction was dismissed with prejudice on June 8,
2016 YXZ1000 as a high-performance, high-
. The YXZ was specifically designed to allow
*(~80 mph) on sand dunes and other tough
2
PLAINTIFFS’ MOTION FOR LEAVE TO FILE A FIRST
CASE NO. RG19034284 (c/w RG19046425)
ecting occupants during a roll over, Yamaha
with a ROPS system. Unfortunately, numerous
>S too easily deforms into the passenger
+s, thereby exposing 2016 model YXZ passengers
aiff identified at least thirty-five such incidents,
wn to or provided by Yamaha. At least nine
ajury, including fractures of the vertebrae and
‘en rendered quadriplegic (five) or killed (one).
n flaw - the elevated cross bar welded onto the
oint and buckles the side members resulting in
action space. In 2019, Yamaha modified this
h remedied the failure initiation point.
a Motor Corporation, Japan (“YMC”) to
PMQ”) on the subject. On October 5 and 6, 2022,
jor Engineering Manager, to testify on the
mitoring of the YXZ.
iended Complaint is attached hereto as Exhibit
msortium claim was dismissed on June 8, 2021,
es the Sixth Cause of Action. The First Amended
‘t Plaintiff Hunter Lenthe’s prayer for punitive
owing:
14
64
contains true and accurate copies of excerpts
.1, 2022 deposition.
contains true and accurate copies of excerpts
3
PLAINTIFFS’ MOTION FOR LEAVE TO FILE A FIRST
CASE NO. RG19034284 (c/w RG19046425)
x 5, 2022 deposition.
contains true and accurate copies of excerpts
er 6, 2022 deposition.
knowledge of online forums, posts and other
s of deformation of the ROPS into the passenger
yost-sale surveillance of the Yamaha YXZ1000R.
led Complaint is necessary and proper to adda
ing such Amended Complaint would be in the
sis of the claim against Defendants arises out of
‘this case. This amendment is not barred by the
against the defendants was discovered through
ury under the laws of the State of California
ury, 2023 at San Francisco, California.
faut
ANDREW P. McDEVITT, Declarant
4
PLAINTIFFS’ MOTION FOR LEAVE TO FILE A FIRST
CASE NO. RG19034284 (c/w RG19046425)
BIT A
GER
ENDORSED
FILED
Al AMT a OOWINTY
oO
S )
ite Bar #122190) CLERK AINRRBE Gu ere
By
271371)
020
THE
F THE STATE OF CALIFORNIA
tENE C. DAVIDSON COURTHOUSE
Case No Gl9034284
COMPLAINT FOR DAMAGES
(1) Strict Products Liability—
Manufacturing Defect;
(2) Strict Products Liability—Design
Defect;
(8) Strict Products Liability—Failure to
arn;
d., (4) Negligence
(5) Negligence (Post-Sale)
(6) Loss of Consortium
DEMAND FOR JURY TRIAL
1
AGES; DEMAND FOR JURY TRIAL
A\USE OF ACTION
(Manufacturing Defect)
ER LENTHE, for his claims and causes of
AOTOR CORPORATION, USA, INC.,
VG CORPORATION OF AMERICA, YAMAHA
IRSPORTS, INC., and DOES ONE through
d alleges as follows.
es or involvement, whether individual,
of the defendants named herein as Doe are
ue said defendants by such fictitious names.
nplaint to show their true names and capacities
rmined.
nd believe, and upon such information and
its designated herein as Doe is negligently,
le in some manner for the events and
gligently, strictly or otherwise caused injury
iffs as is hereinafter alleged.
ioned, each and every of the distindovns herein
enterprise and/or was the agent, servant,
lloyee and/or franchisee of each of the other
acting as a part of the same single business
id scope of such agency, service, employment,
chise.
cient minimum contacts with California, or
benefits and protections of California or does
the exercise of jurisdiction over it-by the
itional notions of fair play and substantial
2
AGES; DEMAND FOR JURY TRIAL
aims asserted herein is in excess of any
and entitles plaintiffs to seek relief in this
iff HUNTER LENTHE sustained paralyzing
seat occupant of a certain 2016 Yamaha
nafter referred to as the “SUBJECT
da.
ioned, Defendant YAMAHA MOTOR
"YMUS") was and is a California corporation
he City of Cypress, County of Orange, State of
iusiness of exporting, manufacturing, designing,
ng, selling, maintaining, retrofitting, repairing,
types of recreational equipment in the state of
; material, Defendant YAMAHA MOTOR
isiness for profit in California.
ioned, Defendant YAMAHA MOTOR
1 OF AMERICA ("YMMC") is, and at all times
»oration organized and existing under the laws
ncipal place of business at 1000 Georgia
ioned, Defendant YAMAHA MOTOR CO. LTD.
10 this Complaint was, a Japanese corporation
‘ Shirzuoka, Japan.
4C, and YMC and DOES ONE through THIRTY
ie. For example, Tatsumi Okawa, former
f Directors as a Director of YMC; Kazuhiro
is on the Board of Directors as a Senior
mi Usui is a Director of YMUS and is on the
3
AGES; DEMAND FOR JURY TRIAL
ive Officer of YMC. Defendants YMMC, YMUS
‘e agents of defendants YMC and DOES
1 are performing services that are sufficiently
YES TWENTY-ONE through THIRTY that if it
{S or DOES ONE through TWENTY to perform
JOES TWENTY-ONE through THIRTY’s own
iubstantially similar services. Defendants YMC
HIRTY direct defendants YMUS, YMMC and
2 action in California through its sales of
this complaint, defendants YMUS, YMMC, and
*Y will collectively be referred to as YAMAHA.
MAHA developed, designed, manufactured,
itered into the stream of commerce by selling to,
int EAST BAY MOTORSPORTS, INC., Side-by-
HA YXZ1000R.
ioned, defendants EAST BAY MOTORSPORTS,
fOTORSPORTS”) was and is a corporation with
Foothill Boulevard in the city of Hayward,
nia, generally engaged in the business of
». At all times herein mentioned, defendants EB
-ONE through FORTY were engaged in the
es and equipment, including the SUBJECT
MOTORSPORTS and DOES THIRTY-ONE
> newly manufactured SUBJECT YAMAHA
. and first sold and placed it into the stream of
1019, the SUBJECT YAMAHA YXZ1000R was
its that defendants YAMAHA referred to in
4
AGES; DEMAND FOR JURY TRIAL
Iccupant Protection System”. According to
Protection System” included a protective
sion System,” which defendants also referred to
UBJECT YAMAHA YXZ1000R rolled over while
a belted front seat occupant. The vehicle’s
have provided crush protection to plaintiff
er event; however, it did not. The structures
on System” in the SUBJECT YAMAHA
; the occupant survival space was almost
ioned, the SUBJECT YAMAHA YXZ1000R was
anufacture, in that the performance of the
'n or specifications; and further, differed from
2 same make and model, in that it failed to
1 being used in a reasonably foreseeable
2ts herein described existed when the SUBJECT
ion and control of defendants, and each of them.
ult of the defective condition of the SUBJECT
‘ER LENTHE was caused to suffer and sustain
ctures to his c-spine, t-spine and sternum, a C6
paralysis, and other injuries not yet diagnosed.
srefore alleges upon such information and
1 be permanent in nature, the extent of said
unknown.
‘s, and as a direct and legal result Busrant it
ER LENTHE to incur expenses for SPEER,
5
[AGES; DEMAND FOR JURY TRIAL
> reasonably required and medically necessary
ices are still continuing. Plaintiff prays leave
se elements of damage in this respect when the
s, and as a direct and legal result thereof,
i unable at times to attend regular employment,
en diminished to plaintiffs special damage in a
oss is not yet finally determined. Plaintiff
to insert these elements of damage in this
ermined.
s, and as a direct and legal result thereof,
2neral (non-economic) damages in a sum in
limits of this Court.
‘ER LENTHE demands judgment against
CAUSE OF ACTION
ility (Design Defect)
reference the allegations set forth above in
uly set forth herein.
2019, the SUBJECT YAMAHA YXZ1000R was
other things, the vehicle’s “Occupant Protection
as safely as an ordinary consumer or user
1 an intended or reasonably foreseeable way.
2019, the SUBJECT YAMAHA YXZ1000R was
efits of its design were outweighed by the risks
itiff HUNTER LENTHE when used in a
ult of the defective design of the SUBJECT
6
‘AGES; DEMAND FOR JURY TRIAL
‘ER LENTHE sustained paralyzing injuries
)OOR was involved in a foreseeable rollover
ilt of the defective design of the SUBJECT
‘ER LENTHE was caused to suffer and sustain
ms as set forth herein.
‘ER LENTHE demands judgment against
AUSE OF ACTION
lity (Failure to Warn)
reference the allegations set forth above in
illy set forth herein.
id a duty to warn plaintiff HUNTER LENTHE
associated with, use of the SUBJECT YAMAHA
or in the exercise of ordinary care, should have
[ YAMAHA YXZ1000R left the Defendants’
ioned, the SUBJECT YAMAHA YXZ1000R was
1e defendants’ failure to provide adequate
: the device was manufactured, distributed,
ioned, the risks and defects which defendants
sented a substantial danger of death or serious
CT YAMAHA YXZ1000R, including plaintiff
1ew or should have known of iis YXZ1000R’s
pant Protection System” during foreseeable use
iachine presented a risk of serious and/or fatal
7
AGES; DEMAND FOR JURY TRIAL
1 intended and/or reasonably foreseeable way.
them, knew the SUBJECT YAMAHA
pection for defects by ordinary consumers like
‘esented that the device could be safely used
oses for which it was purchased.
failure to provide adequate warnings and
. YXZ1000R was defective and Defendants are
SNTHE for the damages, losses and harm
alt of the SUBJECT YAMAHA YXZ1000R’s lack
s herein described, plaintiff HUNTER
stain the injuries, damages, losses, and harms
judgment against Defendants, and each of
CAUSE OF ACTION
legligence
reference the allegations set forth above in
illy set forth herein.
‘endants, and each of them, had a duty to
ite only products that were free of defects and
1eir intended and foreseeable uses, and which
tructions for use.
‘endants, and each of them, knew or should
)OR was a product of such a nature that if not
1anufactured, tested, equipped, leased or sold, it
to members of the public, including plaintiff
8
AGES; DEMAND FOR JURY TRIAL
endants, and each of them, were negligent and
testing, labelling, servicing, inspection,
| sale of the SUBJECT YAMAHA YXZ1000R.
se of the negligence and carelessness of the
intiff HUNTER LENTHE has been caused to
mages hereinabove and hereinafter set forth.
‘ER LENTHE prays judgment against
inafter set forth.
AUSE ACTIO
ence (Post-Sale)
[HE incorporates by this reference the
phs 1 through 38 as though fully set forth
inal manufacture, distribution, and/or sale of
defendants, and each of them, knew or had
1000R was dangerous, or likely to be
ed the vehicle during a rollover event such that
luty to provide warning to the public,
he Yamaha YXZ1000R of the product’s
rer, distributor, and/or seller in the position of
nave issued a recall and/or provided warning to
sumers of the Yamaha YXZ1000R of the
dition in light of the risk of harm.
them, had a continuing duty to provide a
2rs, and consumers of the Yamaha YXZ1000R
ution and sale of the product.
\fill their continuing duties after the sale of the
9
AGES; DEMAND FOR JURY TRIAL
2 of the injuries, damage, loss and harm
JNTER LENTHE.
failure to issue a recall and/or provide
e public, purchasers, users, and consumers of
: of the original manufacturer, distribution and
t LENTHE was caused to suffer and sustain the
3et forth.
them, failed to provide any adequate warnings
ution of the SUBJECT YAMAHA YXZ1000R
reduce the risk of harm to persons who were
ng of the magnitude, of the risk associated with
‘ER LENTHE prays judgment against
inafter set forth.
AUSE OF ACTION
of Consortium
complains of defendants and for a Sixth Cause
NTHE hereby refers to, incorporates, and
set forth in full each and every allegation of the
1 Causes of Action, and makes them a part of
NTHE is, and at all times herein mentioned
‘NTER LENTHE.
»ximate result-of the culpability and fault of the
ict liability or negligence, plaintiff MYCALAH
, service, love, companionship, affection, society,
s of consortium, all to plaintiffs general
10
AGES; DEMAND FOR JURY TRIAL
Preview
RGER ELECTRONICALLY FILED Superior Court of California, County of Alameda ate Bar #122190) (){/06/2029 at 02:45:35 PM By: Anita Dhir, #271371) Deputy Clerk -OOK L020 3) VTHE 1F THE STATE OF CALIFORNIA RENE C. DAVIDSON COURTHOUSE Lead Case No. RG19034284 (c/w RG19046425) ASSIGNED FOR ALL PRE-TRIAL PURPOSES TO JUDGE JAMES REILLY DEPARTMENT 25 DECLARATION OF ANDREW P. MCDEVITT IN SUPPORT OF O., PLAINTIFFS’ MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT Date: May 17, 2023 Time: 3:00 p.m. Dept.: 25 Reservation No.: 760416085679 Action Filed: September 9, 2019 I Trial Date: April 24. 2023 1 PLAINTIFFS’ MOTION FOR LEAVE TO FILE A FIRST CASE NO. RG19034284 (c/w RG19046425) » as follows: imitted to practice before this Court. [ama & Schoenberger, attorneys of record for mal knowledge of the facts set forth herein, and ild competently testify thereto. I make this lotion for Leave to File a First Amended itastrophic and avoidable injury that occurred cure (““ROPS”) on a 2016 Yamaha YXZ 1000R y the Yamaha defendants collapsed and crushed dent that arose from the foreseeable use of the result of the negligent design, manufacture, and a YXZ 1000R side-by-side, Hunter Lenthe is in Liberatore and Akihiro Tsuzuki revealed that regard for the safety of YXZ consumers, ‘ely had chosen to ignore reports of catastrophic omplaint, attached hereto as Exhibit A, on bility (manufacturing defect), strict liability »to warn), and negligence. The original r Lenthe and Mycalah Lenthe as plaintiffs and Loss of Consortium on behalf of Mycalah ction was dismissed with prejudice on June 8, 2016 YXZ1000 as a high-performance, high- . The YXZ was specifically designed to allow *(~80 mph) on sand dunes and other tough 2 PLAINTIFFS’ MOTION FOR LEAVE TO FILE A FIRST CASE NO. RG19034284 (c/w RG19046425) ecting occupants during a roll over, Yamaha with a ROPS system. Unfortunately, numerous >S too easily deforms into the passenger +s, thereby exposing 2016 model YXZ passengers aiff identified at least thirty-five such incidents, wn to or provided by Yamaha. At least nine ajury, including fractures of the vertebrae and ‘en rendered quadriplegic (five) or killed (one). n flaw - the elevated cross bar welded onto the oint and buckles the side members resulting in action space. In 2019, Yamaha modified this h remedied the failure initiation point. a Motor Corporation, Japan (“YMC”) to PMQ”) on the subject. On October 5 and 6, 2022, jor Engineering Manager, to testify on the mitoring of the YXZ. iended Complaint is attached hereto as Exhibit msortium claim was dismissed on June 8, 2021, es the Sixth Cause of Action. The First Amended ‘t Plaintiff Hunter Lenthe’s prayer for punitive owing: 14 64 contains true and accurate copies of excerpts .1, 2022 deposition. contains true and accurate copies of excerpts 3 PLAINTIFFS’ MOTION FOR LEAVE TO FILE A FIRST CASE NO. RG19034284 (c/w RG19046425) x 5, 2022 deposition. contains true and accurate copies of excerpts er 6, 2022 deposition. knowledge of online forums, posts and other s of deformation of the ROPS into the passenger yost-sale surveillance of the Yamaha YXZ1000R. led Complaint is necessary and proper to adda ing such Amended Complaint would be in the sis of the claim against Defendants arises out of ‘this case. This amendment is not barred by the against the defendants was discovered through ury under the laws of the State of California ury, 2023 at San Francisco, California. faut ANDREW P. McDEVITT, Declarant 4 PLAINTIFFS’ MOTION FOR LEAVE TO FILE A FIRST CASE NO. RG19034284 (c/w RG19046425) BIT A GER ENDORSED FILED Al AMT a OOWINTY oO S ) ite Bar #122190) CLERK AINRRBE Gu ere By 271371) 020 THE F THE STATE OF CALIFORNIA tENE C. DAVIDSON COURTHOUSE Case No Gl9034284 COMPLAINT FOR DAMAGES (1) Strict Products Liability— Manufacturing Defect; (2) Strict Products Liability—Design Defect; (8) Strict Products Liability—Failure to arn; d., (4) Negligence (5) Negligence (Post-Sale) (6) Loss of Consortium DEMAND FOR JURY TRIAL 1 AGES; DEMAND FOR JURY TRIAL A\USE OF ACTION (Manufacturing Defect) ER LENTHE, for his claims and causes of AOTOR CORPORATION, USA, INC., VG CORPORATION OF AMERICA, YAMAHA IRSPORTS, INC., and DOES ONE through d alleges as follows. es or involvement, whether individual, of the defendants named herein as Doe are ue said defendants by such fictitious names. nplaint to show their true names and capacities rmined. nd believe, and upon such information and its designated herein as Doe is negligently, le in some manner for the events and gligently, strictly or otherwise caused injury iffs as is hereinafter alleged. ioned, each and every of the distindovns herein enterprise and/or was the agent, servant, lloyee and/or franchisee of each of the other acting as a part of the same single business id scope of such agency, service, employment, chise. cient minimum contacts with California, or benefits and protections of California or does the exercise of jurisdiction over it-by the itional notions of fair play and substantial 2 AGES; DEMAND FOR JURY TRIAL aims asserted herein is in excess of any and entitles plaintiffs to seek relief in this iff HUNTER LENTHE sustained paralyzing seat occupant of a certain 2016 Yamaha nafter referred to as the “SUBJECT da. ioned, Defendant YAMAHA MOTOR "YMUS") was and is a California corporation he City of Cypress, County of Orange, State of iusiness of exporting, manufacturing, designing, ng, selling, maintaining, retrofitting, repairing, types of recreational equipment in the state of ; material, Defendant YAMAHA MOTOR isiness for profit in California. ioned, Defendant YAMAHA MOTOR 1 OF AMERICA ("YMMC") is, and at all times »oration organized and existing under the laws ncipal place of business at 1000 Georgia ioned, Defendant YAMAHA MOTOR CO. LTD. 10 this Complaint was, a Japanese corporation ‘ Shirzuoka, Japan. 4C, and YMC and DOES ONE through THIRTY ie. For example, Tatsumi Okawa, former f Directors as a Director of YMC; Kazuhiro is on the Board of Directors as a Senior mi Usui is a Director of YMUS and is on the 3 AGES; DEMAND FOR JURY TRIAL ive Officer of YMC. Defendants YMMC, YMUS ‘e agents of defendants YMC and DOES 1 are performing services that are sufficiently YES TWENTY-ONE through THIRTY that if it {S or DOES ONE through TWENTY to perform JOES TWENTY-ONE through THIRTY’s own iubstantially similar services. Defendants YMC HIRTY direct defendants YMUS, YMMC and 2 action in California through its sales of this complaint, defendants YMUS, YMMC, and *Y will collectively be referred to as YAMAHA. MAHA developed, designed, manufactured, itered into the stream of commerce by selling to, int EAST BAY MOTORSPORTS, INC., Side-by- HA YXZ1000R. ioned, defendants EAST BAY MOTORSPORTS, fOTORSPORTS”) was and is a corporation with Foothill Boulevard in the city of Hayward, nia, generally engaged in the business of ». At all times herein mentioned, defendants EB -ONE through FORTY were engaged in the es and equipment, including the SUBJECT MOTORSPORTS and DOES THIRTY-ONE > newly manufactured SUBJECT YAMAHA . and first sold and placed it into the stream of 1019, the SUBJECT YAMAHA YXZ1000R was its that defendants YAMAHA referred to in 4 AGES; DEMAND FOR JURY TRIAL Iccupant Protection System”. According to Protection System” included a protective sion System,” which defendants also referred to UBJECT YAMAHA YXZ1000R rolled over while a belted front seat occupant. The vehicle’s have provided crush protection to plaintiff er event; however, it did not. The structures on System” in the SUBJECT YAMAHA ; the occupant survival space was almost ioned, the SUBJECT YAMAHA YXZ1000R was anufacture, in that the performance of the 'n or specifications; and further, differed from 2 same make and model, in that it failed to 1 being used in a reasonably foreseeable 2ts herein described existed when the SUBJECT ion and control of defendants, and each of them. ult of the defective condition of the SUBJECT ‘ER LENTHE was caused to suffer and sustain ctures to his c-spine, t-spine and sternum, a C6 paralysis, and other injuries not yet diagnosed. srefore alleges upon such information and 1 be permanent in nature, the extent of said unknown. ‘s, and as a direct and legal result Busrant it ER LENTHE to incur expenses for SPEER, 5 [AGES; DEMAND FOR JURY TRIAL > reasonably required and medically necessary ices are still continuing. Plaintiff prays leave se elements of damage in this respect when the s, and as a direct and legal result thereof, i unable at times to attend regular employment, en diminished to plaintiffs special damage in a oss is not yet finally determined. Plaintiff to insert these elements of damage in this ermined. s, and as a direct and legal result thereof, 2neral (non-economic) damages in a sum in limits of this Court. ‘ER LENTHE demands judgment against CAUSE OF ACTION ility (Design Defect) reference the allegations set forth above in uly set forth herein. 2019, the SUBJECT YAMAHA YXZ1000R was other things, the vehicle’s “Occupant Protection as safely as an ordinary consumer or user 1 an intended or reasonably foreseeable way. 2019, the SUBJECT YAMAHA YXZ1000R was efits of its design were outweighed by the risks itiff HUNTER LENTHE when used in a ult of the defective design of the SUBJECT 6 ‘AGES; DEMAND FOR JURY TRIAL ‘ER LENTHE sustained paralyzing injuries )OOR was involved in a foreseeable rollover ilt of the defective design of the SUBJECT ‘ER LENTHE was caused to suffer and sustain ms as set forth herein. ‘ER LENTHE demands judgment against AUSE OF ACTION lity (Failure to Warn) reference the allegations set forth above in illy set forth herein. id a duty to warn plaintiff HUNTER LENTHE associated with, use of the SUBJECT YAMAHA or in the exercise of ordinary care, should have [ YAMAHA YXZ1000R left the Defendants’ ioned, the SUBJECT YAMAHA YXZ1000R was 1e defendants’ failure to provide adequate : the device was manufactured, distributed, ioned, the risks and defects which defendants sented a substantial danger of death or serious CT YAMAHA YXZ1000R, including plaintiff 1ew or should have known of iis YXZ1000R’s pant Protection System” during foreseeable use iachine presented a risk of serious and/or fatal 7 AGES; DEMAND FOR JURY TRIAL 1 intended and/or reasonably foreseeable way. them, knew the SUBJECT YAMAHA pection for defects by ordinary consumers like ‘esented that the device could be safely used oses for which it was purchased. failure to provide adequate warnings and . YXZ1000R was defective and Defendants are SNTHE for the damages, losses and harm alt of the SUBJECT YAMAHA YXZ1000R’s lack s herein described, plaintiff HUNTER stain the injuries, damages, losses, and harms judgment against Defendants, and each of CAUSE OF ACTION legligence reference the allegations set forth above in illy set forth herein. ‘endants, and each of them, had a duty to ite only products that were free of defects and 1eir intended and foreseeable uses, and which tructions for use. ‘endants, and each of them, knew or should )OR was a product of such a nature that if not 1anufactured, tested, equipped, leased or sold, it to members of the public, including plaintiff 8 AGES; DEMAND FOR JURY TRIAL endants, and each of them, were negligent and testing, labelling, servicing, inspection, | sale of the SUBJECT YAMAHA YXZ1000R. se of the negligence and carelessness of the intiff HUNTER LENTHE has been caused to mages hereinabove and hereinafter set forth. ‘ER LENTHE prays judgment against inafter set forth. AUSE ACTIO ence (Post-Sale) [HE incorporates by this reference the phs 1 through 38 as though fully set forth inal manufacture, distribution, and/or sale of defendants, and each of them, knew or had 1000R was dangerous, or likely to be ed the vehicle during a rollover event such that luty to provide warning to the public, he Yamaha YXZ1000R of the product’s rer, distributor, and/or seller in the position of nave issued a recall and/or provided warning to sumers of the Yamaha YXZ1000R of the dition in light of the risk of harm. them, had a continuing duty to provide a 2rs, and consumers of the Yamaha YXZ1000R ution and sale of the product. \fill their continuing duties after the sale of the 9 AGES; DEMAND FOR JURY TRIAL 2 of the injuries, damage, loss and harm JNTER LENTHE. failure to issue a recall and/or provide e public, purchasers, users, and consumers of : of the original manufacturer, distribution and t LENTHE was caused to suffer and sustain the 3et forth. them, failed to provide any adequate warnings ution of the SUBJECT YAMAHA YXZ1000R reduce the risk of harm to persons who were ng of the magnitude, of the risk associated with ‘ER LENTHE prays judgment against inafter set forth. AUSE OF ACTION of Consortium complains of defendants and for a Sixth Cause NTHE hereby refers to, incorporates, and set forth in full each and every allegation of the 1 Causes of Action, and makes them a part of NTHE is, and at all times herein mentioned ‘NTER LENTHE. »ximate result-of the culpability and fault of the ict liability or negligence, plaintiff MYCALAH , service, love, companionship, affection, society, s of consortium, all to plaintiffs general 10 AGES; DEMAND FOR JURY TRIAL