$1,500,000
ATV Accident
Case name: Bryan Bullough v. Polaris Inc., Polaris Industries Inc.
Case #: 21CV-0455
The plaintiff was a guest at a private wedding that took place at Defendant’s residence. A day before the wedding, Plaintiff was a passenger on an ATV operated by the groom which struck a tree when the driver drove the ATV off the road. The driver of the ATV died and Plaintiff sustained serious injuries. When our office got involved, we did extensive discovery, investigation, witness interviews and scene inspections and learned that there were dangerous conditions on the property. We argued that Defendants allowed a dangerous condition to exist, were negligent in the way they maintained the property and knew of the dangerous condition of the driveway, as well as that guests would be using the driveway. The defense contended that the driver of the ATV was intoxicated, the road was not dangerous and the roadway was properly maintained. The defense further argued that Plaintiff was comparatively at fault for urging the driver of the ATV to drink, causing the driver of the ATV to unreasonably encounter a specific known risk created by Plaintiff’s negligence. After extensive litigation and short of trial, Defendant offered its policy limits of $1,500,000.00 to settle the case.
