CHARLESTON – A Kanawha couple are suing an all-terrain vehicle dealership, claiming the business failed to add-on features that would have made the couple's ATV safer, resulting in an injury.
David Crowder Jr. and Lisa Edens Crowder filed a lawsuit March 27 in Kanawha Circuit Court against Hidden Trails Recreational Vehicles, Motorcycles and Trailers, doing business as Hidden Trails ATV.
The complaint says Lisa bought a 2007 Yamaha Rhino 450 on May 7, 2007, from the dealership. Lisa and David were married on Sept. 29, 2007.
Sometime before the marriage, the couple got a letter from Yamaha that came with a special offer for new doors and additional handholds for the Rhino, the complaint says.
The letter said these parts would help keep occupants from sticking their arms and legs out of the ATV in response to a roll-over. The letter instructed the owner to make an appointment with their dealership and get the parts installed.
The couple claims they tried to schedule an appointment in early September with Hidden Trials, but were told they couldn't schedule an appointment at that time. The dealership said they would contact the couple when the dealership was ready and able to install the parts.
On Oct. 4, 2007, David was driving the Rhino in a "careful and prudent manner" off a road near Quick. The ATV tilted onto its side and David stuck out his leg to try to stabilize it. David was severely injured, the complaint says.
The couple is seeking compensatory damages.
Ted M. Kanner and Otis R. Mann Jr. are representing the plaintiffs. The case is before Kanawha Circuit Judge James Stucky.
Kanawha Circuit Court case number: 09-C-550