WEST VIRGINIA RECORD

WAYNE – A Wayne County woman is suing a Huntington all-terrain vehicle store after her son wrecked an ATV she purchased for him from the store.

In a suit filed July 7, 2005, Alta Smith claims East End Cycles Sales, Inc., misrepresented the safety of the Suzuki 400 ATV she purchased in May 2002. She also is suing the parents of six children whom she claims are responsible for causing her son to wreck.

Smith purchased the vehicle after making two trips to the store for advice on which ATV she should purchase for her then 10-year-old son, Stephen Kyle Perry.

Perry was riding the ATV on a secondary road near East Lynn on June 8, 2005, when, according to the suit, the defendant's children -– Robbie Adkins, Corey Gilkerson, Zach Cassidy, Mark Smith, Jeremy and Timmy Smith –- repeatedly threw apples at him.

When Perry "turned to shield himself from the barrage of apples," he veered his ATV off the right side of the road and ran into two trees. He was thrown 15 feet from the vehicle.

As a result of the accident, Perry sustained several injuries including a broken femur, two road and two pins in his leg, and is confined to a wheelchair for an undetermined length of time.

The suit claims the 13-year-old Perry has also incurred loss of wages and benefits and the capacity to enjoy life. Smith is suing East End Cycles for Breach of Warranty, claiming the company "misrepresented the safety" of the ATV. She is also suing the company for Negligent Design and Strict Product Liability.

Smith is also suing the parents of the six children for negligent supervision, claiming the parents should have known that their children were placing Perry in a dangerous position.

The case has been assigned to Judge Darrell Pratt.

Wayne Circuit Court case number: 05-C-166