Yamaha: Family in failed suit should pay its legal fees

Updated 6:36 PM Saturday, May 21, 2011

LEBANON — Attorneys for Yamaha defended the company against a $20 million wrongful death lawsuit earlier this year brought by a Lebanon family whose 10-year-old daughter was killed in an accident on a four-wheel machine built by the company.

Now, the giant corporation wants the Sand family to pay it $36,662 for trial costs. Last week, the manufacturer asked Warren County Common Pleas Judge James Flannery to award it defense costs incurred defending the suit brought by John and Tammie Sand.

Attorneys say if Yamaha’s request is granted, it could have a chilling effect on others who might consider suing for damages suffered because of past defects with the Rhino side-by-side vehicle.

A jury found Yamaha and others were not responsible for the death of 10-year-old Ellie Sand, who was killed in a Rhino side-by-side accident during a church picnic in Oregonia in 2007. The jury found the Rhino built by Yamaha was defective, but not ultimately to blame for Sand’s death.

She was not wearing a helmet and Yamaha maintained people were recklessly driving the Rhino.

Mike Roberts, the Sand’s attorney who normally represents major corporations like Yamaha, is outraged.

“People get so litigious they forget we are all human beings,” he said. “They make a product that kills her, they cheat at trial ... and now they want to get money from them.”

Roberts claims Yamaha lawyers cheated by giving transcripts of prior testimony to expert witnesses, despite a separation of witnesses order.

Paul Nathanson, an attorney representing Yamaha, declined to comment for this story.

Rick Schulte, past president of Ohio Association for Justice, said the motion for defense costs could likely have the effect he surmises Yamaha desires.

“Everybody should have access to the courts, whether you are a billion dollar company or an individual family,” he said. “If they were to award costs and impose them against this family, it would have a chilling effect on anybody that wanted to bring a case.”

The request for defense costs is legal, but lawyers
say it doesn’t happen often in major lawsuits.

Kevin
Connell, vice president of the Ohio Association of Civil Trial Attorneys, said assessing costs is not a practice of his, but it de-
pends on the case and often whether or not the company has liability insurance.

“Obviously for everybody these cases are expensive,” he said. “I think I see it
more in cases where, even though it may be a big case, there is no objective view that the company is responsible for something. They would tend to probably go after reimbursement of costs more vigorously ... Some companies may view this as kind of a deterrent.”

John Sand wouldn’t discuss how he will come up with the money if the judge approves the bill. He said Yamaha was “ruthless” throughout the litigation and even grilled his young son on the stand about witnessing his older sister’s horrific death.

“To a company that huge, is $36,000 that big of deal?” he said. “I certainly think they are trying to send a strong message to other
plaintiffs to scare them away from suing them.”

Hundreds of people have filed lawsuits due to accidents and deaths caused by Rhino rollovers. In March 2009, the U.S. Consumer Product Safety Commission issued an alert, warning people to stop using three models of the side-by-side vehicles until they got safety repairs. Yamaha agreed to suspend sales of the vehicles until stability repairs could be made. At that time, the CPSC said 46 deaths were caused by Rhino accidents.

Not a very friendly write up for Yamaha. I like how they think since Yamaha is a big company that that should blow off 36 grand. Well I think the damn lawyers should have to pay it back.

Big-R wrote:

Not a very friendly write up for Yamaha. I like how they think since Yamaha is a big company that that should blow off 36 grand. Well I think the damn lawyers should have to pay it back.

^^ Yup!

This a local case in my back yard was ten mile from here, our dealer was in case with YAMAHA, Dave said lawyer called before trail wanted money, ditto lawer should pay fees he is the one pushed case, poor Sands leave them alone.

Maybe its just me but I think it is time for people to start taking responsibility for their actions and or their children's actions.

I am sorry their child died, but blaming Yamaha for bad parenting and trying to become rich off it is stupid.

My daughter always wears a seat belt / helmet in the RZR and I keep an eye on what is going on.

companies should not have to suck it up when it comes to court costs - they are a big company but when you have hundreds of suits like this then the costs add up.


The attorney should have made the Sands aware that Yamaha would be seeking legal cost reimbursement should their suit fail. The attorney was looking for a big pay day as they normally do this type of work on a contingency basis.

iT was a church picnic Sands did not own machine a local guy was giving rides,Lawer pushed them into the suit, yes parents should be aware what ther kids do, but somtimes greif wants blame, and lawers use it, Dont get wrong i want the pointless lawsuits to stop, should have never went to court. Lawers are out for a huge payday that is why they did not sue the driver/owner for more. local dealer told me the attorney really pushed it to Yamaha. But yes i agree
people need to take responsability for their actions and stop the lawsuits,