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David
Cuenllas vs Yamaha Motor Corporation, U. S. A.
This
case was tried in the City of Los Angeles before Honorable
Richard Khalustian, who was the equivalent of the circuit
court judge in Mississippi. This case involved a thirty
three year old resident of California who was riding
a Yamaha Wave Runner III in the coastal waters off the
Bahamas, when he was struck in the rear by another Yamaha
Wave Runner III, operated by Burt Diaz. The allegation
of defect was that the Yamaha Wave Runner III could
not be steered without utilizing power and in emergencies,
such as the one which occurred in the Cuenllas case,
the striking operator of the Yamaha Wave Runner III
released the throttle and then attempted to turn, which
resulted in his Yamaha Wave Runner III propelling straight
ahead, striking the Plaintiff in the back, resulting
in paraplegia and a torn aorta. This phenomenon is known
as "off throttle steering".
Key
evidence in this case consisted of the utilization of
the National Transportation Safety Board reports on
the dangerousness and foreseeability of this type of
accident, and the need for further design efforts to
be made by the watercraft industry. Plaintiff proved
that patents owned by Yamaha, but not used, would have
equipped the watercraft with a rudder. This matter proceeded
to trial, and after 8 days of proof, the jury deliberated
for 4 days before returning a verdict in the amount
of $8,368,000.00. This was the first verdict in the
United States against a watercraft manufacturer on the
basis of an off throttle steering accident. The case
was subsequently settled on a confidential basis.
PLAINTIFF'S
ATTORNEYS:
Ralph E. Chapman, of Clarksdale, Miss., Chapman, Lewis
& Swan; Lawrence D. Murray, of San Francisco's Murray
& Associates; and Arthur G. Lasmez, of Los Angeles
DEFENSE ATTORNEY:
L. Victor Bilger Jr., of the Los Angeles office of New
York's Wilson, Elser, Moskowitz, Edelman & Dicker L.L.P.
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