Phoenix, AZ (PRWEB) August 24, 2012
The plaintiffs’ father died months after his 2008 Victory Vision ST motorcycle was struck by an SUV in Prescott Valley, Ariz. on April 27, 2011, according to the complaint that was filed earlier this year. According to the document, plaintiffs’ father was riding his motorcycle eastbound on East State Route 69 and was passing North Stoneridge Drive when the driver of an SUV westbound on East State Route 69. The driver allegedly failed to yield the right of way to the motorcyclist while attempting to turn left onto North Stoneridge Drive, resulting in a collision. The accident resulted in the motorcycle’s gas tank deforming, releasing gasoline and igniting, engulfing the plaintiffs’ father, the motorcycle and the SUV were in flames, the complaint said. Their father’s injuries included relatively minor orthopedic injuries and severe burns on his face and body, which resulted in his death on July 21, 2011.
The plaintiffs are alleging that certain companies and individuals are to blame for the death. The case’s defendants include Polaris Industries, Inc., which does business under the name Victory Motorcycles and is a manufacturer and seller of the Victory Vision motorcycle; Prescott Valley Motorcycles, L.L.C., a seller of the Victory Vision motorcycle; the driver of the SUV involved in accident; and multiple individuals and business entities who were not named in the complaint.
The complaint alleges that the motorcycle was “in a defective and unreasonably dangerous condition” because of its fuel system design, which consisted of an unguarded gas tank being placed outside the motorcycle’s frame. It also said the Victory Vision motorcycle had been designed, made, marketed and sold by the two motorcycle sellers as having a feature of having a “unique forward positioned 6 gallon gas tank.”
“The defendants, Polaris Industries, Inc. and Prescott Valley Motorcycles, L.L.C., pursued a course of conduct to serve their own financial interests despite knowing that it was probable that significant harm to users of their motorcycle might occur,” the plaintiffs said in their court filing.
The plaintiffs are seeking the following compensation against these companies, which they are suing for strict products liability: for damages suffered by plaintiffs as a result of their father’s death; for medical expenses incurred by their father’s estate for treating his burn and burn-related injuries; for funeral and burial expenses; for punitive damages; for the plaintiffs’ lawsuit costs; and any other financial relief deemed appropriate by the court.
The plaintiffs are also suing the driver of the SUV for negligence, alleging that she did not yield the right of way to their father and therefore broke Arizona traffic safety laws. From the driver, they are seeking compensation for medical expenses, which were incurred by the motorcyclist’s estate for treating his orthopedic injuries; and the plaintiffs’ lawsuit costs.
The case—filed in Maricopa County, Arizona as #CV2012-005214—is being handled by Scott I. Palumbo and Elliot G. Wolfe, two attorneys at Palumbo Wolfe & Palumbo. The firm’s attorneys are dedicated to helping victims and their loved ones reclaim the costs associated with injuries or wrongful death expenses. Those interested in receiving a free consultation should not hesitate to contact Palumbo Wolfe & Palumbo.
Palumbo Wolfe & Palumbo is an accident and personal injury law firm in Phoenix that brings both compassion and experience to the cases of its clients. The firm’s trial attorneys have more than 150 combined years of experience handling personal injury and medical negligence cases, a valuable asset to those seeking compensation for injuries and wrongful deaths. The firm has received an AV® peer review rating, the highest rating of legal ability and ethical standards through Martindale-Hubbell®. Palumbo Wolfe & Palumbo works on a contingency fee basis for cases that involve serious injuries and catastrophic personal injuries, which means the firm does not charge the client a fee unless its attorneys win the case. Learn more about the firm by visiting http://www.PalumboWolfe.com.