Sixth Defense Verdict for the Yamaha Rhino

Yamaha's Defense of the Rhino Draws National Acclaim

Mar 28, 2011, 14:53 ET from Bowman and Brooke LLP

NEW YORK, March 28, 2011 /PRNewswire/ -- With last week's defense verdict in Warren County, Ohio, jurors have now returned six defense verdicts vindicating Yamaha and the Rhino off-road vehicle. Estate of Ellen Sand, c/o John C. Sand, Administrator, John Sand and Tammie Sand vs. Yamaha Motor Corporation, U.S.A., Yamaha Motor Manufacturing Corporation of America, Clinton County Motor Sports, and Let It Gro, LLC, Warren County Court of Common Pleas for the State of Ohio, Case No. 10CV76399, Judge James L. Flannery presiding; verdict March 21, 2011.

Yamaha's string of defense verdicts, and especially this latest defense victory in what the trial judge called "the biggest civil case in the history of Warren County," have attracted widespread praise for Yamaha's success in "fighting back" against one of the plaintiff bars' latest attacks on product manufacturers. "All-Terrain Victories: Yamaha takes on the tort bar -- and wins", Wall Street Journal, Saturday, March 26, 2011.

Acknowledging that plaintiff lawyers "pounced" on Yamaha with lawsuits and "deluged" the Consumer Product Safety Committee with complaints, the WSJ hailed Yamaha's decision to fight back and for setting an example for how "a belief in one's products is a company's best defense." The WSJ noted that, after six defense verdicts including high profile victories in California and Ohio, "plaintiffs attorneys have begun to withdraw many of their suits" and that "more companies would benefit from fighting back."

Paul Cereghini, Yamaha's lead trial counsel and a partner in the national product liability defense firm of Bowman and Brooke LLP, commented:

"Yamaha has aggressively defended the Rhino and proven that it can and will win these cases. The Rhino is a well-designed, well-built and safe off-road vehicle. Jurors in these cases easily recognize when aggressive driving and failure to use safety gear result in an off-road vehicle crash and an otherwise preventable incident. Yamaha's defense of the Rhino sets a great example for other companies who find themselves under a coordinated media, internet and court attack by plaintiff lawyers."

Mr. Cereghini represents Yamaha nationally and was Yamaha's lead trial counsel in both the "bellwether" California trial and the recent Warren County, Ohio, trial cited by the WSJ as examples that "Yamaha takes on the tort bar -- and wins."

Paul G. Cereghini is a Bowman and Brooke Executive Managing Partner.  He can be reached at 602-643-2400 or at paul.cereghini@bowmanandbrooke.com.

SOURCE Bowman and Brooke LLP