Yamaha ROPS Defect Paralysis Verdict: $26.3M Win

Case Background

Justin Van Tussenbrook filed his lawsuit in Orange County Superior Court in March 2021. He sued Yamaha Motor Corporation, USA, Inc., Yamaha Motor Manufacturing Corporation of America, and others after a 2016 Yamaha YXZ side-by-side vehicle rolled over during a ride in Utah. The crash left Van Tussenbrook with severe, lifelong injuries that changed his life forever.

Cause

Van Tussenbrook rode as a passenger in the Yamaha YXZ when the driver, Layne Holdaway, took a sharp turn on a dirt trail. The vehicle flipped onto its side, and the rollover protective structure crumpled under the weight. Plaintiff claimed Yamaha knew the design flaws made the ROPS weak in real-world crashes like this one.

Injury

The rollover crushed Van Tussenbrook's body. He suffered spinal cord damage that left him paralyzed from the chest down. Doctors said he needed round-the-clock care for life, with pain that no medicine fully eased. His active lifestyle ended overnight.

Damages Sought

Van Tussenbrook asked for millions to cover his medical bills, lost wages, and suffering. Past medical costs alone topped $650,000, while future care ran into tens of millions. He also sought punitive damages to punish Yamaha for ignoring safety risks.

Key Arguments and Proceedings

The case went to trial before Judge Gassia Apkarian in Department C25. Lawyers presented evidence over weeks, including crash tests and expert reports on the vehicle's flaws. Both sides called witnesses to explain why the crash happened and who bore responsibility.

Legal Representation

Plaintiff: Justin C. Van Tussenbrook

· Counsel for Plaintiff: Richard H. Schoenberger | Larry E. Cook | WILLIAM J. HANSEN

Key Arguments by Counsel

Plaintiff's lawyers hammered Yamaha on design defects. They showed videos of similar YXZ rollovers where ROPS buckled, proving ordinary buyers expected better protection. Counsel stressed Yamaha learned of the problem post-sale but skipped recalls that could have saved lives.

Defense teams pointed fingers at Holdaway's reckless driving. They claimed the sharp turn caused the flip, not any vehicle flaw. Lawyers argued the YXZ performed as designed for off-road fun, and Van Tussenbrook knew the risks of riding fast on rough trails.

Claims

Plaintiff pursued strict product liability for design defects. He said the ROPS failed consumer safety expectations during foreseeable use. Van Tussenbrook also charged Yamaha with negligence for not issuing a recall or retrofit after spotting the defect.

Defense

Yamaha denied all claims. They raised comparative fault, saying Holdaway's negligence caused 25% of the harm. Defendants listed defenses like assumption of risk, state-of-the-art design, and misuse, insisting the vehicle matched industry norms. Halcyon Powersports, an early Defendant, bowed out early, claiming no role in design or sales.

Jury Verdict

Jurors deliberated and returned their special verdict on September 24, 2025. They skipped consumer expectation questions and jumped to design defect. The jury found Yamaha's design substantially caused Van Tussenbrook's injuries. Benefits did not outweigh the risks.

On recall, jurors stated that Yahama knew of the defect after sales. They ruled the company negligent for skipping retrofit or recall, and that failure led straight to the harm. No malice triggered punitives against Yamaha Motor USA.

Fault split 75% to Yamaha Defendants and 25% to driver Layne Holdaway. Jurors awarded big damages without reduction:

· Past medical: $652,365.67

· Past lost earnings: $190,000

· Future lost earnings: $2,200,000

· Future medical: $13,291,111

· Past noneconomic loss: $2,000,000

· Future noneconomic loss: $8,000,000

Total came to $26,333,476.67. The foreperson signed it off, and Court clerk David H. Yamasaki filed the form. Van Tussenbrook won a major victory after years of fighting, holding Yamaha accountable for the faulty ROPS that wrecked his body.

Court documents are available upon request at jurimatic@exlitem.com