PITTSBURGH – A fatal ATV accident in West Virginia has led to a survival and wrongful death lawsuit being brought against the companies who provided the decedent and her boyfriend with the vehicles and rental equipment.
Christine O’Keefe (individually and as Administrator of the Estate of Cynthia Fischer, deceased) of Glenshaw filed suit in the U.S. District Court for the Western District of Pennsylvania on Aug. 15 versus Rustic Ravines, LLC of Genoa, W.Va. and Premier Powersports Rental, LLC, of Louisa, Ky.
“The instant civil action arose from a fatal ATV rollover that took place on April 25, 2021 at approximately 12:03 p.m. along the Hatfield-McCoy Trails System, located in southwestern West Virginia. The Hatfield-McCoy Trail System which consists of 800 miles of mountainous, rugged trails, wherein ATV accidents involving fatalities and/or serious injuries are known to commonly occur. On that date, decedent and her boyfriend, Ryan Wingerson, were guests and therefore business invitees at Rustic Ravines, which is located near the Cabwaylingo State Park trail head that connects with the Hatfield-McCoy Trails System,” the suit says.
“Rustic Ravines promotes itself as a premier log cabin resort that offers ATV rentals and guided ATV tours of the various trails in the surrounding area. Upon information and belief, Premier Powersports contracted with Rustic Ravines to supply the ATVs and helmets being offered by Rustic Ravines to its guests. Rustic Ravines permits their guests and/or business invitees to purchase trail riding permits, rent ATVs and helmets from Rustic Ravines and/or Premier Powersports for the purpose of riding onto the nearby Hatfield-McCoy Trails System.”
The suit adds that Rustic Ravines and Premier Powersports “knowingly and recklessly chose not to provide full-face helmets to Rustic Ravines’ guests, despite having the opportunity to do so”, and on the date in question, the defendants provided “decedent with an ATV that was too large for her weight and height” – and that “neither Rustic Ravines nor Premier Powersports provided any training or warning to Decedent and her boyfriend about their helmets, how to operate the ATVs, or about the rules, conditions, and dangers of the Hatfield-McCoy Trails Systems.”
“Specifically, neither Rustic Ravines nor Premier Powersports instructed decedent or her boyfriend about the significance of using four-wheel drive, instead of two-wheel drive high speed, on the rugged trails of the Hatfield-McCoy Trails System. On the above date, decedent and her boyfriend left Rustic Ravines’ property and proceeded to ride ATVs onto the Cabwaylingo Trail within the Hatfield-McCoy Trails System. Decedent and her boyfriend were unfamiliar with the Trails System and were unaware of the slippery, dangerous conditions of the mountainous trails. On the above date and time, decedent operated her ATV up a hill on Trail 82 that had a blind left-hand turn. At that time, the conditions of the trails were slippery due to recent rain,” the suit states.
“At that time, decedent’s ATV was in two-wheel high gear, but should have been in four-wheel low gear. Decedent’s ATV went up the left hillside, which caused the ATV to flip back and land on decedent in the right eye area, fracturing the skull. Decedent’s right eye area was crushed, which resulted in profuse bleeding from the head, brain matter to leak from the eye socket area, and decedent laboring to breathe. Decedent’s boyfriend attempted to resuscitate her with CPR for several minutes, but he was unsuccessful. Decedent stopped breathing at some point after the crash.”
For multiple counts of negligence, survival, wrongful death, intentional spoliation, strict liability, breach of implied warranty, and negligent misrepresentation, the plaintiff is seeking compensatory and punitive damages in excess of $75,000, and all other damages allowed under the law.
The plaintiff is represented by Michael P. O’Day of the Law Offices of Michael P. O’Day, in Pittsburgh.
The defendants have not yet retained legal counsel.
U.S. District Court for the Western District of Pennsylvania case 2:22-cv-01178
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com