Rider claims riding defective ATV resulted in serious injury

By Kristine Gonzales-Abella | Jan 11, 2019

PRINCETON — A consumer is suing ATV distributors, citing alleged negligence and breach of warranty.

Joseph Strauss filed a complaint in Mercer Circuit Court against Swampfox Motorsports, et al. alleging that they failed to manufacture an all terrain vehicle that was safe for its intended use.

According to the complaint, Strauss alleges that on July 13, 2018, while operating the 2017 Can-Am Model OL 1000 XT he purchased from the defendants, the heat emanating from the engine compartment caused first-, second- and third-degree burns on his lower leg. He suffered severe and permanent injuries, shock and injury to the nervous system. He holds Swampfox Motorsports, et al. responsible because they allegedly negligently designed and manufactured an ATV vehicle that builds up and expels excessive heat from the lower portion of the chassis adjacent to the engine.

The plaintiff requests a trial by jury and seeks judgment against defendants, jointly and severally, in an amount to be determined by the court and award for attorney's fees, costs, interest and all other relief that may be proper. He is represented by Harold B. Wolfe III of Harold B. Wolfe III, Law Offices in Princeton.

Mercer Circuit Court Case number 18-C-321

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Harold B. Wolfe III Law Offices Mercer Circuit Court

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