PHMY Obtains Summary Judgment on Behalf of Kawasaki
Feb 12, 2011
PHMY attorneys were successful in obtaining a summary judgment on behalf of Kawasaki Motors Corp., U.S.A. in a multi-party product liability suit filed in the 215th Judicial District Court, Harris County, Texas.
The case involved serious and permanent injuries to the Plaintiff, Todd Foster, who was injured when he alleged the throttle struck on his KLX110 motorcycle. The accident left the 43-year-old plaintiff paralyzed. Mr. Foster, who was a chemical plant engineer at Exxon prior to the accident, making in excess of $100,000 per year, could no longer return to work and his medical and lost income damages exceeded $5 million.
PHMY attorneys were able to prove that the subject Kawasaki KLX110 motorcycle had been extensively modified prior to the accident, and none of the parts that could allegedly have caused the stuck throttle were OEM Kawasaki parts. After hearing arguments on the summary judgment motion, including opposition by one of the co-defendants who had filed a cross-claim against Kawasaki, Judge Steven Kirkland dismissed plaintiffs’ claims, as well as the cross-action against Kawasaki, and entered a take nothing judgment in Kawasaki’s favor.
Kawasaki was represented by Jeff Hawkins and Grant McFarland.