June 13, 2000
Chapman wins 'precedent setting' decision
By Jeff Piselli, News Editor, The Clarksdale Press Register Copyright 2000, The Clarksdale Press Register. Reprinted with Permission.

A Clarksdale attorney has won a product liability case in California that legal experts call "precedent setting."

In February, attorney Ralph Chapman took on Yamaha Motor Company U.S.A. on behalf of a California art dealer who was rendered paraplegic in an accident involving two rented Yamaha Waverunners.

Chapman convinced a jury that the Waverunners involved had a basic design flaw that causes novice operators to lose directional control when they need it most, while trying to avoid a collision.

After an eight-day trial and three days of deliberation, the jury awarded 36-year-old David Cuenllas $8.3 million in damages.

As important as the verdict, which Newsday said is "apparently the first jury award in a product liability case involving the boating industry's hottest seller," are the safety questions raised by the trial.

Yamaha, as well as other personal watercraft manufacturers, uses a water-jet for propulsion and steering.

When the power is cut, the craft loses most steering and continues to travel in the direction it was last going - sometimes at speeds approaching 60 miles-per-hour.

The National Transportation and Safety Board has ordered the U.S. Coast Guard to investigate the phenomenon, known as "off throttle steerage."

Chapman contends this is particularly dangerous for novice watercraft operators, and had some advice for personal watercraft owners.

"If you're going to let someone use one of these vehicles, at the very least make sure they know about this particular phenomenon," said Chapman.

"Make sure they operate it with somebody else on it who knows how to operate it and can show them thoroughly.

"Secondly," said Chapman, "when you're operating these, you've got to watch out for the other person because the other person may not be aware of this particular problem.

"For example, in my case, my guy was sitting in the water not doing anything, when he was hit in the rear."

Records produced at the trial indicated that Yamaha Motor Corp. has patented a prototype rudder for personal watercraft, but hasn't produced it.

The rudder, designed to retract when the craft is under power, hasn't been manufactured, according to Yamaha, because it causes poor handling at slow speeds.

In 1995, over 200,000 personal watercraft were sold nationwide.

That number dropped to approximately 106,000 in 1999, according to Newsweek.

Although the small craft only made up about 8 percent of the boats registered in the United States in 1998, the U.S. Coast Guard claims that they were involved in 32 percent of the reported boating accidents.

Yamaha, which intends to appear the California ruling, recommends that personal watercraft operators stay approximately 100 feet from obstacles.

Chapman goes even farther. "Try to stay as far away from other people as you can and don't approach swimming areas or docks at high speed. Go at idle speed," he said. "You may hit something at idle speed, but you're not going to kill something at idle speed."