CVN screenshot of defense attorney Daniel Rodman delivering his opening statement
Santa Ana, CA - A California state court jury heard opening statements Friday in a potentially $115 million products liability lawsuit claiming supposed defects in a Yamaha all-terrain vehicle caused a man’s broken neck and traumatic brain injury, and the full trial is being webcast gavel-to-gavel by Courtroom View Network.
Plaintiff John Van Camp sued Yamaha following a 2019 accident involving his 2016-model Yamaha YXZ1000R ATV, when the vehicle experienced a forward rollover while he drove off-road with his son in a sandy area known as the Glamis Flats. Van Camp claims the YXZ’s faulty rear suspension caused it to “buck” forward and that a rollover protection system failed to work properly, however Yamaha argues the accident resulted from Van Camp’s driving versus improper design, and that the severity of his claimed injuries is overstated.
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Plaintiff attorney David T. Duncan of Duncan Law Firm told the Orange County jury he would seek between $80 to $115 million in compensatory damages for Van Camp’s injuries in addition to unspecified punitive damages, attributing the accident and its aftermath to a “series of corporate policy decisions and conscious disregard for safety.”
Duncan told jurors he would present evidence showing Yamaha knew for years about design problems with the 2016 YXZ’s rear suspension and rollover protection system, claiming the company received reports the rear suspension could cause the vehicle to buck “even on flat easy ground.”
He previewed evidence that Yamaha had reports of the rollover protection system specifically failing in accidents similar to Van Camp’s.
“The roll cage was weak and collapsed in forward rollovers,” he emphasized.
Duncan told jurors Yamaha never issued any public warnings or recalls related to the 2016 YXZ’s alleged design problems, a decision he attributed to a supposed desire to put “brands and profits over customers.”
He described how the accident left Van Camp with a fractured neck and a traumatic brain injury, noting that while the neck injury was surgically repaired the brain injury is permanent and will likely worsen over time.
Representing Yamaha, defense attorney Daniel S. Rodman of Snell & Wilmer began his opening statement by taking a markedly different position on Van Camp’s physical injuries, characterizing his broken neck as “several small fractures” and emphatically denying that he ever suffered a TBI.
He told jurors they would hear evidence that Van Camp largely recovered from the 2019 accident which Rodman attributed to Van Camp’s operation of vehicle and supposed failure to ever read its safety instructions.
While Duncan described the rollover as happening on relatively flat terrain, Rodman claimed it actually occurred after Van Camp hit a sand berm at 30 miles per hour, which he suggested caused the back wheels to buck and prompted the rollover.
Rodman insisted the 2016 YXZ met all industry design standards, and he specifically noted the rollover protection system worked since Van Camp’s son, who was riding as a passenger, emerged without any serious injuries.
Rodman argued off-road driving carries inherent risks, and that Van Camp knew about those risks when he made the decision to use the vehicle.
“Any off-road vehicle can crash and serious injuries can result,” Rodman said. “You are on your own to find a safe path.”
Given the design defect claims involving both the rear suspension and the rollover protection system, in addition to the parties’ vastly differing positions on the severity of Van Camp’s injuries, the trial before Judge Shawn Nelson could run into September and will likely feature extensive expert testimony on both injury and causation issues.
CVN’s on-demand coverage will continue for the duration of the proceedings, with footage made available on a rolling next-day basis.
The case is captioned John Van Camp v. Yamaha, case number 30-2023-01362621-CU-PL-CJC in Orange County Superior Court.
Email David Siegel at dsiegel@cvn.com
