ATV – rollover accident

Summary judgment for manufacturer reversed since a portion of the expert report addressing foot-related safety hazards regarding ATV does not raise a new cause of action after expiration of the statute of limitations when claims alleging absence of adequate foot and leg protection were clearly raised in complaint. The trial court errs in concluding the rider was not using the ATV as intended when riding off road; the court misapprehends the doctrine of intended use with the concept of misuse when the manufacturer defense ATV should not be used under influence of drugs or alcohol and not back down hill.

Case Law Alert - 1st Qtr 2011