ATV injury suit seeks $1.2 million in damages
The mother of a minor boy has filed suit against the ATV driver who got into a collision as her son rode on his vehicle.
Tammy Wieser claims her son, Taylor Wieser, was riding on a Kawasaki ATV defendant Cody Veagle was driving on land owned by his parents and co-defendants, Chris and Deanna Veagle, on Oct. 12, 2008, when the incident occurred.
"On the aforementioned date and at the aforementioned place, Cody Veagle wrecked the Kawasaki ATV causing Taylor Wieser to be thrown off the ATV and causing injuries to Taylor Wieser," the suit filed June 15 in Madison County Circuit Court states.
More specifically, Taylor Wieser suffered extensive physical injuries; experienced emotional trauma, pain and suffering; incurred substantial medical costs; sustained disability and loss of a normal life; experienced disfigurement; and lost wages, according to the complaint.
Tammy Wieser blames Cody Veagle for causing the accident, saying he negligently drove the ATV in such a way that caused Taylor Wieser to be thrown off the back of it, drove the ATV when he was not trained to do so, drove the ATV over terrain that caused it to crash and drove the ATV when he was a minor. She also names his parents as defendants, saying they should have never allowed their minor son to drive an ATV.
In addition, defendants McGinley Kawasaki and Kawasaki Heavy Industries are partially to blame because the companies failed to notify Chris and Deanna Veagle of a recall affecting their ATV and failed to inspect or repair any of the ATV's defective parts, the complaint says. Kawasaki Heavy Industries also failed to manufacture the ATV with a relatively safe design and failed to provide adequate warnings for its ATV, the suit states.
In her 20-count suit, Tammy Wieser is seeking a judgment of more than $1.2 million, plus costs.
Michael J. Brunton of Brunton Law Offices in Collinsville will be representing her.
Madison County Circuit Court case number: 10-L-632.