Overview:

Plaintiff suffered severe injuries including a compound fracture to his ankle and torn ligaments in his opposite knee as a result of an ATV accident. Plaintiff brought a lawsuit against Polaris in Crawford County, Missouri alleging that the throttle on the ATV was negligently designed so that it was prone to sticking. Plaintiff further alleged that the ETC, which was designed to shut-down the engine if the throttle stuck, was negligently designed and failed. Plaintiff alleged that while travelling down a straight, asphalt road, the ATV suddenly accelerated when he gave it a little gas, and that despite his efforts he could not stop the ATV. Plaintiff left the roadway and was thrown into a grove of trees. Defendant filed motions to exclude reference to recalls of the defective throttle and ETC, to exclude reference to past fines by the government for problems related to the throttle design, and to prevent Plaintiff from seeking punitive damages at trial. After all motions were denied, parties reached a confidential settlement. Defendant did not admit liability.