CHARLESTON -- A Charleston man who claims Yamaha Motor Corporation failed to consider facts and circumstances surrounding the safety of one of its vehicles, is suing after he was injured.
Yamaha Motor Manufacturing Corporation of America and Yamaha Motor Co. LTD were also named in the suit.
Christopher Seabolt purchased a Rhino off-road vehicle in May 2008, according to a complaint filed March 2 in Kanawha Circuit Court.
On May 8, 2008, Seabolt claims while riding in the front passenger seat near a flat area at a low-rate speed the Rhino tipped/rolled over, pinning his right leg. Seabolt claims he incurred medical expenses of approximately $100,000.
Seabolt claims he sustained extreme physical pain and suffering; extreme mental anguish and suffering; permanent physical impairment; loss of wages and benefits; loss of future earning capacity and benefits; los of capacity to enjoy life; medical expenses; annoyance and inconvenience; and permanent scarring and disfigurement.
"The Rhino is defective and unreasonably dangerous as designed, developed, engineered, manufactured, assembled, wholesaled, distributed, marketed and sold, and was defective and unreasonably dangerous at the time it left the possession of the defendants," the complaint states.
Seabolt is seeking compensatory and punitive damages. He is being represented by Robert V. Berthold Jr. and Robert V. Berthold III.
The case has been assigned to Circuit Judge James C. Stucky.
Kanawha Circuit Court case number: 10-C-394