ERIE – A Brockport couple allege that a defect in an all-terrain vehicle caused the husband to be ejected during a rollover accident.

Gary D. Smith Jr. and Julie Smith filed a complaint on Aug. 30 in the U.S. District Court for the Western District of Pennsylvania against Polaris Industries Inc. and Hoffmans Sports & Turf allegation the design and sale of a defective vehicle.

According to the complaint, the plaintiffs allege that on Sept. 5, 2015, Gary D. Smith Jr. was a passenger in a Polaris RZR operated by a third party, who lost control of the all-terrain vehicle and caused it to roll over. The plaintiff alleges he was ejected and sustained multiple physical injuries including a torn ligament in left thumb, fractured ribs and collapsed lung.

The plaintiffs hold Polaris Industries Inc. and Hoffmans Sports & Turf responsible because the vehicle did not have a device to prevent the quick acceleration of the vehicle before all passengers had fastened their seat belts.

The plaintiffs seek judgment against the defendants in an amount of more than $75,000 plus interest and court costs. They are represented by Ryan C. Gardner and Richard J. Callahan of Callahan Gardner in Williamsport.

U.S. District Court for the Western District of Pennsylvania case number 1:17-cv-00238-JFC

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U.S. District Court for the Western District of Pennsylvania

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