Sparta NJ, man will get $2M in snowmobile mishap that cost him his leg
A judge in Morristown has taken the unusual step of adding $900,000 to a $1.1 million jury award to a Sparta man whose right leg had to be amputated after it was partially severed in a snowmobile mishap.
After a product liability trial, a Morris County civil jury in June awarded Dennis Mohr, now 61, a total of $1,107,000 for pain and suffering, economic losses and medical expenses. The verdict was against snowmobile manufacturer Yamaha Motor Co. for failing to put adequate safety and hazard warnings on the vehicle.
Mohr's lawyer, Herbert M. Korn of Morristown, filed a motion for what is known as an ''additur'' with Superior Court Judge Robert J. Brennan. Korn contended that the $100,000 the jury specifically awarded for pain and suffering was ''shockingly disproportionate to the catastrophe of the loss of one's lower limb.''
The judge agreed, and on Monday, against opposition from Yamaha attorney Robert J. Kelly of Red Bank, he granted the additur. This added $900,000 to the $1.1 million award, bringing the sum for which Yamaha is liable to Mohr to just over $2 million.
Korn said, and other civil attorneys agreed, that it is rare for judges to grant additurs. They have the power to do so when they believe an amount is grossly inadequate and constitutes a miscarriage of justice. Kelly, who could not be reached Tuesday, has the option of appealing the verdict.
''Judge Brennan was very fair in correcting a jury mistake and Mr. Mohr is most grateful,'' Korn said.
Attorney Stephen ''Skippy'' Weinstein of Morristown, a 44-year practitioner, said additurs -- as well as reductions of awards -- are not common because judges generally dislike to disturb the findings of jurors.
The case is the outcome of a tragic trip that Mohr, a heavy equipment operator with his own company, made on Feb. 5, 2005, to a friend's home in Greig, N.Y.
Mohr borrowed the friend's 1995 Yamaha VX600V-R snowmobile but the engine started hesitating. While Mohr and another friend lifted the rear of the snowmobile, its owner revved the engine with the throttle to try to clear the spark plugs. The metal stud-embedded track on which the snowmobile glides through the snow broke. The track was propelled out of the rear and ripped through Mohr's right leg, Korn said.
Surgeons tried to save the leg, which was 75 percent severed, but could not. The limb was amputated above the knee on Feb. 10, 2005. At trial, Mohr told jurors he no longer operates heavy equipment, routinely takes morphine, and experiences ''phantom pain'' in the lost limb that at times is as acute as the agony he felt the day of the accident.
Jurors did not find that the snowmobile was defective; rather, Yamaha was held liable for failing to put adequate labels on the vehicle about raising the rear when the engine was running. Part of Yamaha's defense was that such a warning was contained in the user's manual and there was no tangible proof that Mohr would have heeded a warning label anyway
Frinkin lawyers thats why...
A judge in Morristown has taken the unusual step of adding $900,000 to a $1.1 million jury award to a Sparta man whose right leg had to be amputated after it was partially severed in a snowmobile mishap.
After a product liability trial, a Morris County civil jury in June awarded Dennis Mohr, now 61, a total of $1,107,000 for pain and suffering, economic losses and medical expenses. The verdict was against snowmobile manufacturer Yamaha Motor Co. for failing to put adequate safety and hazard warnings on the vehicle.
Mohr's lawyer, Herbert M. Korn of Morristown, filed a motion for what is known as an ''additur'' with Superior Court Judge Robert J. Brennan. Korn contended that the $100,000 the jury specifically awarded for pain and suffering was ''shockingly disproportionate to the catastrophe of the loss of one's lower limb.''
The judge agreed, and on Monday, against opposition from Yamaha attorney Robert J. Kelly of Red Bank, he granted the additur. This added $900,000 to the $1.1 million award, bringing the sum for which Yamaha is liable to Mohr to just over $2 million.
Korn said, and other civil attorneys agreed, that it is rare for judges to grant additurs. They have the power to do so when they believe an amount is grossly inadequate and constitutes a miscarriage of justice. Kelly, who could not be reached Tuesday, has the option of appealing the verdict.
''Judge Brennan was very fair in correcting a jury mistake and Mr. Mohr is most grateful,'' Korn said.
Attorney Stephen ''Skippy'' Weinstein of Morristown, a 44-year practitioner, said additurs -- as well as reductions of awards -- are not common because judges generally dislike to disturb the findings of jurors.
The case is the outcome of a tragic trip that Mohr, a heavy equipment operator with his own company, made on Feb. 5, 2005, to a friend's home in Greig, N.Y.
Mohr borrowed the friend's 1995 Yamaha VX600V-R snowmobile but the engine started hesitating. While Mohr and another friend lifted the rear of the snowmobile, its owner revved the engine with the throttle to try to clear the spark plugs. The metal stud-embedded track on which the snowmobile glides through the snow broke. The track was propelled out of the rear and ripped through Mohr's right leg, Korn said.
Surgeons tried to save the leg, which was 75 percent severed, but could not. The limb was amputated above the knee on Feb. 10, 2005. At trial, Mohr told jurors he no longer operates heavy equipment, routinely takes morphine, and experiences ''phantom pain'' in the lost limb that at times is as acute as the agony he felt the day of the accident.
Jurors did not find that the snowmobile was defective; rather, Yamaha was held liable for failing to put adequate labels on the vehicle about raising the rear when the engine was running. Part of Yamaha's defense was that such a warning was contained in the user's manual and there was no tangible proof that Mohr would have heeded a warning label anyway
Frinkin lawyers thats why...
kinger
VIP Member
Good god hope you sleep well at night a hole. Seriously, where is the personal accountability anymore?
Yamahas BNG will be all warning stickers...
Good grief this makes me mad.
Yamahas BNG will be all warning stickers...
Good grief this makes me mad.
NY AttakGT
TY 4 Stroke Guru
Yea..tell me about it. Gooooood Bless America. Land of the lawyer, where you can sue ANYBODY over ANYTHING..including your own negligence and stupidity.
Now excuse me, I am going to go climb to the top of a telephone pole, fall off. maybe break a few limbs and sue the power company, phone company, town/city the pole was in, county and state the pole was in, manufacturer of the pole, installer of the pole, along with anybody that may have looked at or walked by the pole in the last 10 years. Becuase it's THEIR fault they didnt have a sign posted on the pole not to climb it as it could result in me falling off and getting injured or killed.
Man, I am going about life all wrong trying to earn a living and not trying to sue people/companies and falling a$$ backwards into a pile of cash. Or is it, I have enough brains and common sense not to do stupid things to get myself injured or killed?
Now excuse me, I am going to go climb to the top of a telephone pole, fall off. maybe break a few limbs and sue the power company, phone company, town/city the pole was in, county and state the pole was in, manufacturer of the pole, installer of the pole, along with anybody that may have looked at or walked by the pole in the last 10 years. Becuase it's THEIR fault they didnt have a sign posted on the pole not to climb it as it could result in me falling off and getting injured or killed.
Man, I am going about life all wrong trying to earn a living and not trying to sue people/companies and falling a$$ backwards into a pile of cash. Or is it, I have enough brains and common sense not to do stupid things to get myself injured or killed?
blueironranger
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Won't be long before there is just one huge sticker on the sled. "Do not TOUCH, START, or ATTEMPT to operate this snowmobile in any way. This machine is only intended to be looked at from a safe view distance of over 50ft."
northerndoc
Expert
Makes ya sick... Proof positive that even if you make something idiot proof- they'll make a better idiot.
jamesc
Pro
blueironranger said:
no the sad part is their response will be to just stop making them. as for lawyers the vast majority of them have no soul. best i can tell it's their job to distort facts, free the guilty and bend the law. i'm sure there are some that are honorable but that's a slim minority. japan graduates 10 engineers for every lawyer, USA graduates 10 lawyers for every engineer. 70% of the worlds lawyers are in the USA and way too many of them are in control. their advertising is obscene...and these are the nicest things i can say about them.
Super Sled
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An attorney's perspective on this......
It sounds like the jury found only a limited amount of liability. These are people like you and me... Well, sometimes anyways ;-)
It was the judge who, despite the jury's findings, enlarged the awarded damages...... Yes, you can blame that specific personal injury lawyer for asking for more, and yes it is disgusting....
But just keep in mind he or she probably took the case and worked on a % basis of whatever the damage award was. When the verdict came back small, what'd you think that attorney would do? She/ he of course asked for more than the jury award..... It was the stupid judge that changed the jury's findings and give more $$$, just remember that. Not the "lawyers" as been pointed out. Lawyers are just advicates. other than the ability to speak and persuade usually, (at least litigators) lawyers have no special or unique abilities or powers. We interpret the law and speak for a living!
I bet Yamaha appeals this, wins, and the award goes back down. And yes, litigation like this is a big reason sleds are so expensive obviously. Same with trucks, cars, construction equipment, groceries, and anything else you buy. And in this case, I'll tell you why Yamaha was sued..... They have the deep pockets.
Instead, why not sue the sled's owner (the so called friend) instead?, the track manufacturer (It was probably a cheap track, and manu isn't around....)?, the stud manufacturer? The person who added the studs and weakened the track possibly? The reason is that Yamaha had the deepest pockets/ most money to collect from.
But a larger issue is why, why, why would someone be so stupid as to stand behind a sled while it's elevated and the track is spinning...... Just flat out stupid decision making IMO.
The laws in that state must be pretty crazy also in regards to product's liabilities......
While this area is not my specialty, from what I understand in MN, in a case like this Yamaha would be most likely have been dropped as a defendant via a summary judgment motion.
The reason is that Yamaha's liability is so remote and tenuous here....
1. It's a really old sled,
2. It seemingly had many miles on it,
3. It was modded from stock (Differed from how Yamaha made the sled via studs), and once Yamaha sells the slde it has no control over how people might modify it,
4. Yamaha did not make the part that broke -- sue the track manu, not Yamaha the judge would say.....,
5. Yamaha tells you not to stud your tracks anyways,
6. Yamaha apparently said not to perform this action in the owner's manual,
7. It would be the owner with the duty to inform the end user not to perfrom such an act -- not Yamaha,
8. Etc.
I can tell you all that Personal Injury Law and Products Liability Law are both very specialized, unique niche of the law that most lawyers do not practice in.... Just keep that in mind.
And just because you are a "lawyer" does not mean you inherently chase ambulances and steal money from people, please remember that fellas!
Just my $.02......
Mike
It sounds like the jury found only a limited amount of liability. These are people like you and me... Well, sometimes anyways ;-)
It was the judge who, despite the jury's findings, enlarged the awarded damages...... Yes, you can blame that specific personal injury lawyer for asking for more, and yes it is disgusting....
But just keep in mind he or she probably took the case and worked on a % basis of whatever the damage award was. When the verdict came back small, what'd you think that attorney would do? She/ he of course asked for more than the jury award..... It was the stupid judge that changed the jury's findings and give more $$$, just remember that. Not the "lawyers" as been pointed out. Lawyers are just advicates. other than the ability to speak and persuade usually, (at least litigators) lawyers have no special or unique abilities or powers. We interpret the law and speak for a living!
I bet Yamaha appeals this, wins, and the award goes back down. And yes, litigation like this is a big reason sleds are so expensive obviously. Same with trucks, cars, construction equipment, groceries, and anything else you buy. And in this case, I'll tell you why Yamaha was sued..... They have the deep pockets.
Instead, why not sue the sled's owner (the so called friend) instead?, the track manufacturer (It was probably a cheap track, and manu isn't around....)?, the stud manufacturer? The person who added the studs and weakened the track possibly? The reason is that Yamaha had the deepest pockets/ most money to collect from.
But a larger issue is why, why, why would someone be so stupid as to stand behind a sled while it's elevated and the track is spinning...... Just flat out stupid decision making IMO.
The laws in that state must be pretty crazy also in regards to product's liabilities......
While this area is not my specialty, from what I understand in MN, in a case like this Yamaha would be most likely have been dropped as a defendant via a summary judgment motion.
The reason is that Yamaha's liability is so remote and tenuous here....
1. It's a really old sled,
2. It seemingly had many miles on it,
3. It was modded from stock (Differed from how Yamaha made the sled via studs), and once Yamaha sells the slde it has no control over how people might modify it,
4. Yamaha did not make the part that broke -- sue the track manu, not Yamaha the judge would say.....,
5. Yamaha tells you not to stud your tracks anyways,
6. Yamaha apparently said not to perform this action in the owner's manual,
7. It would be the owner with the duty to inform the end user not to perfrom such an act -- not Yamaha,
8. Etc.
I can tell you all that Personal Injury Law and Products Liability Law are both very specialized, unique niche of the law that most lawyers do not practice in.... Just keep that in mind.
And just because you are a "lawyer" does not mean you inherently chase ambulances and steal money from people, please remember that fellas!
Just my $.02......
Mike
dox06
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Money
Its all about the all mighty dollar. Why work for it when we can sue you for it!
Like it has been said, "Yes this world is a sue happy world, for anything." What we need is more judges that look at cases in a manner of, "What the F were you thinking anyways? You are the moron that put yourself in the position or situation. Take responsibilty for your own actions, not who can you blame for being an IDIOT!
The alure of EASY money is so tempting! Just remember that work is a four letter word!
And we wonder why the cost of sleds just keeps going up and up.
Its all about the all mighty dollar. Why work for it when we can sue you for it!
Like it has been said, "Yes this world is a sue happy world, for anything." What we need is more judges that look at cases in a manner of, "What the F were you thinking anyways? You are the moron that put yourself in the position or situation. Take responsibilty for your own actions, not who can you blame for being an IDIOT!
The alure of EASY money is so tempting! Just remember that work is a four letter word!
And we wonder why the cost of sleds just keeps going up and up.
Newfie Apex
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track busted
You can't fix stupid..! But now he is a stupid rich man....
You can't fix stupid..! But now he is a stupid rich man....
My daddy was right-"THERE'S WAY MORE HORSE'S ASSES THAN HORSES"
DV8
VIP Member
Super Sled said:
Well put Mike, Yamaha apparently needs better lawyers. I dont get how a jury found them liable for even 1.1 million. It must truly have been a jury of his peers (no common sense or personal responsibility) to find that verdict. I am sure Yamaha will appeal and it will eventually be overturned by a judge with some common sense. But even though it may be over turned we have the waste of the court costs and litigation costs. which does cost Yamaha money. Most are seemingly looking for a handout, I doubt very much if he indeed was a heavy equipment operator and didnt think mm I am standing behind a track spinning 80 mph, this is a bad idea..
Rich Kay
TY 4 Stroke Guru
Gosh..... I hope common sense can one day can prevail in this crazy world we are living in. And for the plaintiff....like the comedian Ron White said: You can't fix stupid!! That also goes for many of our people that end up in charge.
Rich Kay.
Rich Kay.
jamesc
Pro
Mike please don't take this as a personal attack as it is not.
why sue anyone?
that's my issue with attorneys and those that use them for personal gain. what ever happened to being held accountable for personal conduct and the simple fact that accidents do happen? the vast majority of them are not the result of manufacturing negligence or design flaws. yes i'm sure they did take the case on % basis and 363k isn't chump change to those of us that end up absorbing the costs of this frivolous litigation. yamaha and other manufactures don't pick up the tab on this crime (and that's what it is) they pass it on to consumers. i'm not opposed to anyone making a living but this type of litigation and the system that both allows and encourages it are flawed. people are rewarded for stupidity, the gene pool needs chlorine.
yamadoo
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Good discussion, I would add more but I just spilt boiling HOT COFFEE on myself and it has gotta be worth something!! So I gotta go. LOL 
Some how we have to get common sense and personal responsibility back into Law and (I know and your right Mike for thinking it) Medicine
Yamadoo / Mark
Some how we have to get common sense and personal responsibility back into Law and (I know and your right Mike for thinking it) Medicine
Yamadoo / Mark
Sasquatch
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This is the problem the OFSC has with liability! Its the reason trail passes are so high.
Picture this a guy is drunk, traveling at over double the posted speed limit and riding double on a single seat sled. Leaves the trail on a corner kills himself and cripples his daughter. The family sues the OFSC for millions because the corner sign said that the corner was only a 45 rather then a 90.
The club member who posted the 45 degree corner sign had run out of 90 signs so he put up the 45 so it had a sign. If no sign had been posted at all would have been better. The end result is no more corner signs in Ontario. In fact very minimal signage. Ride at your own risk signs everywhere but little else!
So whos fault is this? Obviously not the drunk speeder riding double with his most cherished creation on board. He has no fault at all blamed on him at all. Hes the dumba$$ but someone else has to pay for it.
A lawyer will tell you when you are crippled up for life sue everyone. You have to look out for yourself and look after yourself. Thats why people buy insurance.
As far as lawyers not being amblance chaser I agree not all are. But judges really have to start looking at people taking some responsibility for thier actions.
Stuff this pisses me off to no end.
Picture this a guy is drunk, traveling at over double the posted speed limit and riding double on a single seat sled. Leaves the trail on a corner kills himself and cripples his daughter. The family sues the OFSC for millions because the corner sign said that the corner was only a 45 rather then a 90.
The club member who posted the 45 degree corner sign had run out of 90 signs so he put up the 45 so it had a sign. If no sign had been posted at all would have been better. The end result is no more corner signs in Ontario. In fact very minimal signage. Ride at your own risk signs everywhere but little else!
So whos fault is this? Obviously not the drunk speeder riding double with his most cherished creation on board. He has no fault at all blamed on him at all. Hes the dumba$$ but someone else has to pay for it.
A lawyer will tell you when you are crippled up for life sue everyone. You have to look out for yourself and look after yourself. Thats why people buy insurance.
As far as lawyers not being amblance chaser I agree not all are. But judges really have to start looking at people taking some responsibility for thier actions.
Stuff this pisses me off to no end.
