Kawasaki Motors Corp., U.S.A. was dismissed from a product liability lawsuit where it was alleged that a 2008 KFX-450 ATV was defective and caused serious injuries to the Plaintiff, Shannon Parmer. Parmer was operating the ATV at an off-road park in Huntsville, Texas when he lost control and was thrown from the ATV. He alleged that the ATV had defective rear wheel bearings, which caused the rear brakes not to function properly. He supported these allegations with an Affidavit from a mechanic at a local Kawasaki dealership, who inspected the ATV after the accident and noted there were problems with the rear wheel bearings.
In investigating the claim, Kawasaki attorneys were able to identify witnesses who provided photographs, videotape, and factual information which proved that Mr. Parmer had been operating the subject ATV after the accident in which he claimed he was injured and that there was no problem or defect with the rear wheel bearings until many months after the accident in which Mr. Parmer’s alleged injuries occurred.
At his deposition, Mr. Parmer was confronted with photographs, video, and other evidence that his claims against Kawasaki were fraudulent and had nothing to do with the accident or the injuries he received. Once Mr. Parmer and his attorney realized that this evidence destroyed his case, they agreed to file a voluntary dismissal.
Kawasaki was represented by Jeff Hawkins.