Plaintiff Thomas Webb, was using and operating a 1982 Honda 200 All Terrain Vehicle (ATV), with a friend who was also operating an ATV. He was operating the aforesaid ATV off of Bullet Hole Road in the Town of Putnam Valley, New York. The plaintiff was using the ATV in the manner in which it was designed, manufactured, distributed and sold, and in the manner in which it was intended to be used or which was within the reasonable contemplation of the defendants.
It was alleged that the ATV was defectively designed so that it was unstable and, upon ascending hills, or on rocky surfaces, was susceptible to flipping over, as it did in the instant case.
While operating the Honda ATV, plaintiff attempted to ascend a slope of app. 20 degrees, when the front wheel of the ATV raised off the ground, causing it to rollover, throwing the plaintiff to the ground and causing plaintiff to suffer serious and permanent injuries. As a consequence of the design failure of this three wheel “trike,” the plaintiff suffered a L2 Burst Fracture that necessitated the following surgical procedures: posterior spinal fusion L1, L2, L3; posterior instrumentation L1, L2, L3; decompression L1 to L2; and local autograft; and he has required additional medical care and treatment, and may require additional surgery.
The matter was settled before trial with a confidentiality agreement regarding the amount of the settlement.
