Suit: Kubota brakes failed, tractor lands in ditch

Kelly Holleran Sep. 22, 2008, 7:00am

David Korte has filed suit against Kubota Tractor Corp., alleging he was injured after the brakes on his Kubota tractor failed causing him to land in a ditch.

Korte was operating his Kubota B2410 HSD on his property Sept. 25, 2006, and tried to brake, according to the complaint filed Sept. 17.

Instead of braking, though, the tractor lurched forward, "propelling the tractor into a ditch and causing Plaintiff serious and permanent injuries," the suit states.

Because of the accident, Korte sustained serious injuries to his head and shoulder, according to the complaint.

Korte claims he has suffered pain and disability of his right arm and cannot participate in many of the activities he could before the accident.

Korte claims the tractor was in a dangerous condition when he purchased it because the forward throttle and brake pedal were positioned in a way that when the tractor's operator attempted to brake, he would concurrently press the forward throttle.

He also claims the throttle and braking system were calibrated in a way that if both were simultaneously pressed, the forward throttle, not the brake, would be engaged.

In the four-count suit, Korte is seeking a judgment in excess of $200,000, plus costs.

Gordon R. Broom and Daniel C. Lytle of Hepler, Broom, MacDonald, Hebrank, True & Noce in Edwardsville will be representing him.

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