Yamaha Rhino Lawsuits OFFICiAL COURT DOCUMENTS

johnsand · 2009-01-10 13:04:31

The following are excerpts of SWORN testimony from KEY Yamaha people.
The reasons there are ONLY excerpts is this is all right now I can make known to the public (talk boards, media, CPSC etc etc)

Mr Ike Miyachi was in charge of development and quality assurance of the Rhino. There was nobody above him except the President Mr. Kato, and Mr Miyachi were the two principal engineers of the Rhino.

1) According to these documents the two principal engineers, My Miyachi and Mr. Kato stated they knew that the Rhino could tip over and could cause serious injuries. http://web.me.com/yamaha.rhino/Site/Wel … 0PROOF.pdf

2) According to these documents the idea of a safety door or net WAS considered during the design stage . http://web.me.com/yamaha.rhino/Site/Wel … 0PROOF.pdf

3) According to these documents Yamaha NEVER conducted a test to determine if the Rhino would tip over at mid speed turns on flat ground. http://web.me.com/yamaha.rhino/Site/Wel … s/%234.pdf

4) According to these documents Yamaha did no testing to determine if the vehicle did turn over what type of injuries or severity would result. http://web.me.com/yamaha.rhino/Site/Wel … 0PROOF.pdf

5) Although dynamic tests and computer modeling were commonly used in the development of new vehicles, (According to these documents) Yamaha used neither in the development of the Rhino. http://web.me.com/yamaha.rhino/Site/Wel … 0PROOF.pdf

6) According to these documents Mr Suzuki was asked if any tests were done to determine if there was any force on the outboard leg of a driver or passenger which would be sufficient to cause their leg to come out involuntarily if there was a rollover. He said NO TEST WAS DONE http://web.me.com/yamaha.rhino/Site/Wel … 0PROOF.pdf

7) According to these documents Mr Miyachi gave sworn testimony that Yamaha did NO testing to see what could happen to the human body if there was a tip over. http://web.me.com/yamaha.rhino/Site/Wel … 0PROOF.pdf

8) According to these documents Yamaha never used doors during testing http://web.me.com/yamaha.rhino/Site/Wel … 0PROOF.pdf

9) According to these documents Yamaha never consulted bioengineers, biomechanical engineers, orthopedic surgeons or other experts to discuss possible leg injuries in a rollover. http://web.me.com/yamaha.rhino/Site/Wel … 0PROOF.pdf

10) According to these documents there were no tests to measure centrifugal force exerted on an occupant during a tip-over. The centrifugal force could result in the leg or body being thrown out in a tip-over. http://web.me.com/yamaha.rhino/Site/Wel … 0PROOF.pdf

11) According to these documents Mr Kato was asked why there is only one mention of a tip over in the testing reports when in actuality there were 20 known tip-overs. He answered there was no damage to the vehicle so no report was made. http://web.me.com/yamaha.rhino/Site/Wel … 0PROOF.pdf

12) Mr. Kato also gave sworn testimony that Yamaha did NOT use instrumented dummies to determine what forces would be exerted on the human body, nor did they use real humans http://web.me.com/yamaha.rhino/Site/Wel … 0PROOF.pdf

13) Here is a Yamaha photograph from 2001 showing their notes about making changes to help secure the foot. This is a prototype vehicle, a prototype evolves into the finished product. http://web.me.com/yamaha.rhino/Site/Wel … 0PROOF.pdf

14) Here are notes from a 2002 meeting where Casey Yoshida wants update on instability of the vehicle for further liability cases:
http://web.me.com/yamaha.rhino/Site/Wel … 0notes.pdf

15) Here is a 20 page report from a 3rd party engineer and his opinions of the stability of the Rhino, and the effectiveness of the seatbelt.
http://web.me.com/yamaha.rhino/Site/Wel … Report.pdf

Speaking of seat belts........I have noticed MANY comments on MANY talk boards
saying the stock seat belts are bad.

16) Here is a report from a Humans Factors expert explaining why just putting warning labels on something dangerous is generally ineffective. http://web.me.com/yamaha.rhino/Site/Wel … report.pdf

17) Sanctions AGAINST Yamaha. This is VERY interesting to anyone. BACKGROUND: When a person (or company) is sued they are required by law to surrender almost any document asked for. Then after that there are “depositions” (basically interviews by the opposing lawyer), he gets to interview the person. This is sworn testimony, after that is complete the person being interviewed has 30 days to review his statements for accuracy and change IF needed. Then he signs that he is swearing that it is all accurate. This one lawyer (Klein) who has handled MANY cases against Yamaha has repeatedly asked Yamaha executives if every document has been turned over, every time they say yes. Even the lawyer defending Yamaha confirms that. This questioning has happened many times over the period of 2005 - 2007. Then in late October 2008 suddenly over 4000 pages of NEW documents from Yamaha appear. The lawyer handling this case asked the judge for sanctions (punishment) against Yamaha for withholding such a vast amount of information. The lawyer sites a different case where a company did similar as was fined about $9 million. The interesting thing about this is approx. 12 days AFTER this was exposed Yamaha settled the case. I just wonder why the suddenly speedy settlement? Here is ALL the court documents on this: http://web.me.com/yamaha.rhino/Site/Wel … ctions.pdf

Fasttrax · 2009-01-13 09:26:28

:evil: :evil: :evil: SORRY GUYS... but who sold this person a side x side without instructions on how to drive the thing! :evil: :evil: :evil:

WHY NOT SUE ME TOO FOR YOUR ACTIONS!!

Fasttrax · 2009-01-13 09:27:44

Also, your title says it all....SXS ROOKIE!

johnsand · 2009-01-13 10:14:20

Also, your title says it all....SXS ROOKIE!

The reason my title says "rookie" is because I do not own a side by side, I do not ride them. My 10 year old daughter was TAKEN for a ride without any parential knowledge. She was wearing her seat belt, according to the police they were going about 12 to 15 mph. The driver made a left turn and it tipped over on here killing her. Now you know why I am a rookie.

reggisrhino · 2009-01-13 20:50:06

I am sorry for your childs death. But you really need therapy. WE ALL know UTVs,SUVs,ATVs,Bicycles,cars,trucks,boats and many other items can tip over. It is a shame another child was left without parental control and died.

Badley · 2009-01-14 18:15:16

...going about 12 to 15 mph. The driver made a left turn and it tipped over on here killing her. Now you know why I am a rookie.

Sigh The driver obvoiusly was trying to slide out, power slide or just turn sharp to get a reaction and didn't know when to pull out. He shouldn't have driven like that with a 10 year old on board, and the 10 year old should have been wearing a helmet anyway. A lot of guys on here have driven a Rhino and know the behavior of the machine. They don't just roll over! Any vehicle will roll under enough G-Force. Again, I am sorry for your loss but will remain convinced that it was driver error. If you sue him you will get nothing. If you sue Yamaha will will likely get a settlement (because it is cheaper to settle than to fight it - sad). The attorney's will get paid, you will get whatever is left over and the rest of us will pay more for stupid behavior and an unfortunate accident. How long has this lawsuit been going on? What is your objective in posting here, more recruits? Follow the money...

oldtrucks · 2009-01-22 20:26:51

Brad this guy has been bombarding every ATV/UTV sight he can find with his propaganda. He doesn't seem to understand we're here because we're UTV enthusiast, we all understand the inherent risk and dangers associated with them, and we all accept the burden that goes with owning one.

Badley · 2009-01-24 18:43:44

Brad this guy has been bombarding every ATV/UTV sight he can find with his propaganda. He doesn't seem to understand we're here because we're UTV enthusiast, we all understand the inherent risk and dangers associated with them, and we all accept the burden that goes with owning one.

Yeah, I know Larry. I can't help myself in responding :? I guess I do not want first time readers seeing this without some kind of response. He posts it every anniversary of his daughters death. I think he believes this is a way of making it better, along with money by winning a lawsuit against Yamaha. I guess everyone handles grief differently

mainerunr · 2009-01-24 22:48:33

OP claims the report was done by a 3rd party engineer. Engineers don't work for free, someone paid him. Easy enough to chose which comparison vehicles and data to present that make the case for the person paying for the report. Not saying that is what happened here but it can be done.

Many of the other documents presented here are cut short and incomplete with the OP inferring meaning based on the clipped text (and even then, sometimes the text present does not support his cause).

What happened to his family is tragic but what exactly is he trying to accomplish here? Is he trying to convince someone who is obviously an enthusiast, who understands that there are inherent dangers to stop using his UTV?

#1 2009-01-10 13:04:31

Re: Yamaha Rhino Lawsuits OFFICiAL COURT DOCUMENTS

#2 2009-01-13 09:26:28

Re: Yamaha Rhino Lawsuits OFFICiAL COURT DOCUMENTS

#3 2009-01-13 09:27:44

Re: Yamaha Rhino Lawsuits OFFICiAL COURT DOCUMENTS

#4 2009-01-13 10:14:20

Re: Yamaha Rhino Lawsuits OFFICiAL COURT DOCUMENTS

#5 2009-01-13 20:50:06

Re: Yamaha Rhino Lawsuits OFFICiAL COURT DOCUMENTS

#6 2009-01-14 18:15:16

Re: Yamaha Rhino Lawsuits OFFICiAL COURT DOCUMENTS

#7 2009-01-22 20:26:51

Re: Yamaha Rhino Lawsuits OFFICiAL COURT DOCUMENTS

#8 2009-01-24 18:43:44

Re: Yamaha Rhino Lawsuits OFFICiAL COURT DOCUMENTS

#9 2009-01-24 22:48:33

Re: Yamaha Rhino Lawsuits OFFICiAL COURT DOCUMENTS

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