A 13-year-old boy was killed when the Yamaha Rhino he was riding in rolled over.  His parents filed the wrongful death lawsuit against Yamaha in 2007 claiming that the poor design and inadequate safety features of the Rhino directly contributed to the boy’s death.

Yamaha wanted the case to go to arbitration.  The court however ruled that the lawsuit could proceed to trial.

Yamaha Rhinos are well known for rolling over very easily due to its narrow width and high center of gravity.  Yamaha designed the Rhino to be narrow so it could fit into the bed of a pickup truck.  According to the CPSC, many Rhino rollovers “appear to involve turns at relatively low speeds and on level terrain.”

Yamaha hoped that since the plaintiffs signed an agreement, which would keep the case from going to a trial.  Court documents showed that the agreement contained an arbitration clause.  But the company did not file a motion to force arbitration until June 1.  So, the plaintiff’s argument that Yamaha had waived its right to arbitration was successful.

Four men were killed and a woman was seriously injured in a vehicle accident when an 18-wheeler hit a Honda Civic.  Now the survivor and the widows of the men are suing the driver and his employer.

Hemesto Escalante, 35 years old, was driving a truck and ran a stop sign.  He then collided with the Honda.  The car went under one of the trailers and the four men were killed instantly.  One woman, Concepcion Lopez, survived the crash, but lost her husband.

The plaintiffs are asking for unspecified damages including burial expenses and other punitive damages.  Escalante pleaded not guilty and is being held in a county jail.  Witnesses say that Escalante stopped after the accident and checked the car before driving away.  He faces four counts of vehicular manslaughter and a charge of leaving the scene of an accident.

The employer, Panella Trucking, could not be reached for comment.