Sled defective suit claims
January 3, 2007
A Summit County couple has sued Polaris Industries and a snowmobile dealer near Kamas after their daughter allegedly crashed while riding a sled purchased at Weller Recreation in Marion.
The 15-page complaint filed in Third District Court Dec. 26 by Mike and Sue Malone claims that because of the negligence of Paul Weller, the shop’s vice president, Britney Malone, who at the time was 8 years old, was injured while riding a Polaris snowmobile in South Summit Dec. 27, 2004.
After the Malones purchased three snowmobiles from Weller Recreation, Weller allowed them to ride the machines in a field near the shop, the complaint states.
"Shortly thereafter, [Weller] went inside the shop as the family continued to ride the snowmobiles," according to the lawsuit. "He then came back and was at the scene when the accident occurred."
Britney Malone was riding on a snowmobile in front of her friend, who was operating the machine, when the snowmobile crashed, the complaint states.
"The snowmobile suddenly accelerated out of control as it continued forward and impacted an irrigation sprinkler wheel line," according to the lawsuit.
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Britney Malone fell off the snowmobile and allegedly suffered head injuries in the crash for which the lawsuit seeks an unspecified amount of damages.
Because Weller failed to recommend appropriate machines for the family and did not properly instruct the Malones about how to ride the snowmobiles, he is partly responsible from the girl’s injuries, according to the complaint.
Weller also was negligent by not properly assembling the machine, the lawsuit states.
According to the complaint, "[Weller] had reason to know [the Malones] were relying upon his skill and judgment in furnishing suitable goods."
But defects in the manufacturing of the Polaris snowmobile rendered the machine unsafe, the lawsuit states.
"Defendants failed to warn of the inherent and latent defects that made the 2005 Polaris 800 RMK snowmobile dangerous and unsafe for its intended use," according to the complaint.
Weller said he was not aware of the lawsuit when reached Tuesday.
Polaris, a company based in Delaware, caused Malone’s injuries by manufacturing and selling a defective snowmobile and failing to disclose the existence of those defects to consumers, the lawsuit states.
"As a result, the snowmobile was neither safe and fit for the ordinary purpose for which it was intended ," according to the complaint.
Among the damages the Malones seek money in the lawsuit for medical care, emotional distress, pain and suffering and loss of past and future income.
Neither Weller nor Polaris this week had formerly responded to the lawsuit.