Mass Tort Update- |
- Philadelphia, PA 215-567-3500
- |
- Red Bank, NJ 732-747-9003
Mass Tort Update
Cuenllas vs. Yamaha Motor Corp.
February 16, 2000
RESULT: $ 8,361,000 jury verdict, consisting of $ 5 million non-economic damages and $ 3,361,000 economic damages..
STATE: California
SUMMARY: In August 1997, Plaintiff David Cuenllas attended a company-sponsored motivational sales convention held at the Breezes Bahamas Resort in Nassau Bahamas with his finance and Defendant Burt Diaz and others from Value Marketing Co.
Prior to the day of the collision, David rented a WaveRunner on the beach behind the Breezes hotel at a grass hut provided by the Breezes for the rental of personal watercraft. Keith Bastian gave David instructions in the use and operation of the WaveRunner. David was never cautioned or instructed that he would be unable to turn or steer the personal watercraft without engine power which creates a powerful jet stream of water that steers and pushes the personal watercraft through the water.
Plaintiff's first outing on the WaveRunner ended safely on that day after about a half-hour of riding around in the bay near the Breezes Hotel.
On August 31, 1997 David decided to treat his employee and friend Defendant Burt Diaz to a ride around the bay. They had just come out of a meeting on Sunday morning. The weather was clear, bright and sunny. David had been sent out on a 1995 WaveRunner 650 and Diaz the faster 1997 WaveRunner 700 model.
After cruising around, Diaz experienced some difficulties with his watercraft. Diaz's WaveRunner had stalled on several occasions. He was able to restart the WaveRunner and David and he decided to continue their ride around the bay. Near the end of the rental period, David left the company of Diaz. David was sitting idle in the water receiving directions with respect to the time remaining in the rental period when Diaz struck him from behind on the second WaveRunner.
David recalled that he had been sitting idle about 100 feet off-shore, for about 5-7 seconds, when he heard the sound of an approaching WaveRunner from somewhere behind him. Diaz's WaveRunner, which he could not steer, slammed into David's machine, rode up and over the aft section of the WaveRunner and struck David Cuenllas.
Defendant Yamaha was alleged to be liable for failing to manufacture its WaveRunner with control and safety devices, including a device to allow their PWC to steer in an off-throttle condition; a commercially available device to keep water from spraying into the eyes of an operator; a device to slow or bring the vehicle to a stop; and a device to protect the rider from injury suffered in the event of even a minor rear-end collision with another watercraft.
Defendant contended that the absence of a rudder, "braking system" or anti-spray devices were not design defects and did not cause the accident. Defendant contended that Diaz did not release the throttle far enough prior to the impact for a rudder device to have made any difference.
| Enter any relevant background information or case specifics so that we can best understand your situation: | ||
|
To Prevent Automated Submissions, Enter the 4 Digit Number Shown Below
(OR YOU MAY CALL US DIRECTLY AT 888-375-7600) |
||
 6270
|
||