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ATV's carburetor was defective, federal suit says
10/11/2007 10:54 AM
Brian Latham filed suit against Edelbrock Corporation in U.S. District Court Oct. 10, alleging the carburetor he purchased was defective.
According to Latham, he purchased the carburetor in May of 2005, and while riding his ATV on Oct. 15, 2005, the carburetor malfunctioned while he was driving his ATV.
Latham claims the malfunction would not let him "de-accelerate normally" causing him to lose control of the ATV and eventually crashing the vehicle.
"There existed in this carburetor at the time it left control of the Defendant a condition which made this carburetor unreasonably dangerous and which caused it to fail to perform in the manner reasonably expected in light of its nature and intended function," the complaint states.
He claims Edelbrock was negligent in assembling the carburetor in a manner so that its slide mechanism stuck during operation, causing him to be unable to safely control the deceleration of the vehicle to which this carburetor was attached.
Latham also claims Edelbrock failed to provide proper instructions and warning with its product so that he would understand the risks involved and the dangers that such carburetor slide mechanism may stick.
According to Latham, the collision caused him to suffer personal injury and damages, including past and future pain and suffering and disfigurement, and caused him to incur substantial medical bills and a loss of income, and property damage to the ATV.
Latham wife, Nicholette, is also seeking damages claiming since the ATV accident she has suffered a loss of consortium and services.
Represented by Douglas Doris of Marion, the Lathams are seeking damages in excess of $450,000, plus costs of the suit.
The case has been assigned to District Judge G. Patrick Murphy.
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