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| Quadriplegic sues ATV maker for his injuries - ATV | OHV News - Rides | ATV News and Events - Can-Am Headquarters ...Aurora Wheelers ATV Forum | ||||||||||||||||
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outlandish AWF Admin 
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 10/12/2005 Quadriplegic sues ATV maker for his injuries BY JAMES HAGGERTY STAFF WRITER John F. Ogozaly, 46, of 114 Plank Road, is suing the manufacturer for an ATV accident that happened June 15, 1996, in Archbald. Mr. Ogozaly, who is a quadriplegic, is seeking in excess of $50,000 plus punitive damages for negligence, liability and breach of warranty. His complaint alleges the three-wheeled vehicle was defective. Honda argues that Mr. Ogozaly was drunk at the time of the accident, did not wear a helmet and was responsible for his injuries. Mr. Ogozaly was injured as he was operating a 1986 ATV on a road next to The Lackawanna River Basin Sewer Authority treatment plant. His attorney, Daniel Munley, said Mr. Ogozaly was driving about 20 mph when the right rear tire of the ATV hit a bump in the road and as he turned to avoid tipping, the vehicle ran off the road and down a six-foot embankment. Mr. Ogozaly sustained a broken neck in the crash. Experts will testify that the single rear axle design of the vehicle was defective and caused the accident, Mr. Munley said. “He sits in front of you a broken man,” Mr. Munley told the jury. “They marketed and sold a three-legged horse.” Court papers indicate Mr. Ogozaly’s blood-alcohol content when he arrived at Community Medical Center after the accident was equivalent to .189. A driver with a level of .08 is considered legally drunk in Pennsylvania. Mr. Ogozaly drank for several hours before going on the ATV ride and admitted he consumed about 12 beers, said attorney Paul Cereghini of Phoenix, who represents Honda, which is based in Torrance, Calif. “He was intoxicated, heavily intoxicated,” Mr. Cereghini told the jury. Mr. Ogozaly did not drive a car and had very little experience operating ATVs, Mr. Cereghini said. He said Mr. Ogozaly’s injuries could have been limited if he was wearing a helmet. “We’re going to prove that Mr. Ogozaly was solely responsible for his accident,” Mr. Cereghini said. Testimony in the case started Tuesday afternoon before Judge Terrence Nealon.
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outlandish AWF Admin
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Mr. Ogozaly drank for several hours before going on the ATV ride and admitted he consumed about 12 beers, said attorney Paul Cereghini of Phoenix, who represents Honda, which is based in Torrance, Calif. HOPE HE LOSES! 
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Survey Guy Member 
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Must have been a hell of a bump if the atv tire was in the air high enough to tip. Let's face it he was hammered and probably felt like he was going to tip so he over compensated and wiped out. Take responsability for being a drunk idiot and go away!
____________________ Fourwheeling is not a crime! Neither is backhanding a Liberal! |
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drees Member 
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I'm pretty sure the statue of limitations wore out on any liablity Honda may have had a long time ago. Even though I think the fault lies not in the design of the three wheeler, but in the inexperience and intoxication of the driver.
____________________ 2005 Sportsman 800 EFI 2004 Sportsman 600 <- For Sale 2004.5 Sportsman 500 HO http://wejustrock.com |
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outlandish AWF Admin
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11/05/2005 Honda not liable for Mayfield man’s ATV injury BY JAMES HAGGERTY STAFF WRITER A Lackawanna County jury Friday cleared American Honda Motor Co. in a Mayfield man’s product liability suit involving an all-terrain vehicle accident that left him paralyzed. The jury deliberated about two hours before finding that the vehicle was not defective and that American Honda was not negligent in the accident. John F. Ogozaly, 46, of 114 Plank Road, sued as a result of an ATV accident June 15, 1995, in Archbald. His complaint alleged the three-wheeled vehicle was defective and that the single-axle design of vehicle contributed to the accident Mr. Ogozaly suffered a broken neck in the accident, which occurred on a road next to the Lackawanna River Basin Sewer Authority treatment plant. American Honda, based in Torrance, Calif., introduced evidence that Mr. Ogozaly consumed about 12 beers before riding the vehicle and that his blood-alcohol content after the accident was 0.189. A driver with a level of 0.08 is considered legally drunk in Pennsylvania. American Honda also introduced testimony regarding the safety of the vehicle, including a court appearance by the Japanese engineer who designed it. “The jury decided this was a good, safe, defect-free vehicle,” attorney Paul Cereghini, who represented the company, said after the verdict. He said the jury decided the case based on the vehicle’s capabilities, not the fact that Mr. Ogozaly was intoxicated at the time of the accident. Attorney Daniel Munley, who represented Mr. Ogozaly, expressed disappointment after the verdict. “I did the best I could,” he said. “I wanted John to have his day in court and while I disagree with the verdict, the jury has spoken.” Testimony in the case started Oct. 11 before Judge Terrence Nealon. Contact the writer: jhaggerty@timesshamrock.com
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Survey Guy Member
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Good!!
____________________ Fourwheeling is not a crime! Neither is backhanding a Liberal! |
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outlandish AWF Admin
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I agree. You don't hammer down a 12 pk and go riding. Even in my drinking days I wasn't that stupid. There was a time on my sled once though......... well it wasn't a 12 pk but it wasn't good either
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Survey Guy Member
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I hear ya, I came out of the bar once started my sled put it in reverse then staddled the seat with my feet still on the ground, well, I slipped my a** landed on the seat my feet still on the ground and my arms on my sides and I fell forward and my shoulder layed against the throttle, let me tell ya I came outta that parking spot with the throttle pinned, my legs dragging my arms at my side and my face against the instrument cluster haulin some a** luckily there was no one behind me, it's hard to get off the throttle with all the pressure but somehow I did, I laughed so hard I almost peed myself
____________________ Fourwheeling is not a crime! Neither is backhanding a Liberal! |
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outlandish AWF Admin
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 funny, but not
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Survey Guy Member
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Exactly!
____________________ Fourwheeling is not a crime! Neither is backhanding a Liberal! |
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coconut 56 Member
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I am afraid those of us who were raised to accept responsibility are a dyng breed We can only hope our children do not succumb to the peer pressures of today's "it's not my fault society" Last edited on Tue Dec 13th, 2005 01:19 am by coconut 56 ____________________ 06 Red Outty Max 800 #154 05 Yellow Outty Max 400 |
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zac41 Night Shift Deputy 
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Amen to that coconut. That's just like trying to sue Mcdonalds because you weigh 400 pounds.
____________________ 06 Outlander 800 XT Camo-Ricochet skidz, HMF pipe, Dobeck, Dalton 03 Honda Rincon- MBRP pipe, Dynojet Kit, K&N  Team Outty 800 Member #4 |
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Survey Guy Member
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or because you burned yourself with the coffee!
____________________ Fourwheeling is not a crime! Neither is backhanding a Liberal! |
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coconut 56 Member
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Some of you are old enough to remember the warning symbol on any container that held any kind of toxic substance was a simple skull and crossbones,nuff said,I'm still here.Today they gotta friggin encyclopedia of warnings on stuff and idiots still hurt their selves and blame someone else!
____________________ 06 Red Outty Max 800 #154 05 Yellow Outty Max 400 |
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