--- title: "Yamaha ROPS Defect Paralysis Verdict: $26.3M Win" meta: "og:description": "$26.3M verdict against Yamaha for faulty YXZ ROPS design defect causing passenger paralysis. Jury found negligence for failure to recall post-sale." "og:title": "Yamaha ROPS Defect Paralysis Verdict: $26.3M Win" description: "$26.3M verdict against Yamaha for faulty YXZ ROPS design defect causing passenger paralysis. Jury found negligence for failure to recall post-sale." --- November 28, 2025 # **Yamaha ROPS Defect Paralysis Verdict: $26.3M Win** $26.3M verdict against Yamaha for faulty YXZ ROPS design defect causing passenger paralysis. Jury found negligence for failure to recall post-sale. [**Personal Injury**](https://exlitem.com/jury-verdict/yamaha-rops-defect-paralysis-verdict-263m-win/jury-verdict/category/personal-injury) [**Products Liability**](https://exlitem.com/jury-verdict/yamaha-rops-defect-paralysis-verdict-263m-win/jury-verdict/category/products-liability) ### **Outline** Author ![](https://media.jurimatic.com/cdn-cgi/image/q=70/profile_images/shared_image_1.webp) **Sohini Chakraborty****Sohini Chakraborty is a lawyer, with over two years of experience in legal research and analysis. She specializes in working closely with expert witnesses, offering critical support in preparing legal research and detailed case studies.** ![Article Image](https://media.jurimatic.com/cdn-cgi/image/q=70/images/VAN_TUSSENBROOK1.webp) Justin Van Tussenbrook sued Yamaha Motor Corporation, USA, Inc. and Yamaha Motor Manufacturing Corporation of America after a 2016 Yamaha YXZ side-by-side vehicle rolled over in Utah, leaving him paralyzed from the chest down due to severe spinal cord damage. The lawsuit, filed in Orange County Superior Court, claimed the vehicle's Rollover Protective Structure (ROPS) had a design flaw that made it weak and caused it to crumple in the crash. Plaintiff's counsel argued Yamaha knew of the defect post-sale but negligently failed to issue a recall or retrofit. The defense blamed the crash on the driver's reckless driving (taking a sharp turn) and argued Van Tussenbrook knew the risks of off-road riding. The jury returned a special verdict on September 24, 2025, finding the Yamaha ROPS design substantially caused Van Tussenbrook's injuries and that the risks outweighed the benefits (design defect). They also found Yamaha negligent for failing to recall or retrofit after learning of the defect. Fault was apportioned 75% to Yamaha and 25% to the driver. The total damages awarded, prior to reduction for comparative fault, amounted to $26,333,476.67. ## **Case Background** Justin Van Tussenbrook filed his lawsuit in Orange County Superior Court in March 2021. He sued Yamaha Motor Corporation, USA, Inc., Yamaha Motor Manufacturing Corporation of America, and others after a 2016 Yamaha YXZ side-by-side vehicle rolled over during a ride in Utah. The crash left Van Tussenbrook with severe, lifelong injuries that changed his life forever.​ ### **Cause** Van Tussenbrook rode as a passenger in the Yamaha YXZ when the driver, Layne Holdaway, took a sharp turn on a dirt trail. The vehicle flipped onto its side, and the rollover protective structure crumpled under the weight. Plaintiff claimed Yamaha knew the design flaws made the ROPS weak in real-world crashes like this one.​ ### **Injury** The rollover crushed Van Tussenbrook's body. He suffered spinal cord damage that left him paralyzed from the chest down. Doctors said he needed round-the-clock care for life, with pain that no medicine fully eased. His active lifestyle ended overnight.​ ### **Damages Sought** Van Tussenbrook asked for millions to cover his medical bills, lost wages, and suffering. Past medical costs alone topped $650,000, while future care ran into tens of millions. He also sought punitive damages to punish Yamaha for ignoring safety risks.​ ## **Key Arguments and Proceedings** The case went to trial before Judge Gassia Apkarian in Department C25. Lawyers presented evidence over weeks, including crash tests and expert reports on the vehicle's flaws. Both sides called witnesses to explain why the crash happened and who bore responsibility.​ ### **Legal Representation** **Plaintiff:**Justin C. Van Tussenbrook · **Counsel for Plaintiff:** Richard H. Schoenberger | Larry E. Cook | WILLIAM J. HANSEN · **Experts for Plaintiff:**[Alex Barchuk](https://expertwitnessprofiler.com/expert-witness/Alex-Barchuk/1529123) | [Brian Herbst](https://expertwitnessprofiler.com/expert-witness/Brian-Herbst/1522258) | [Brook Feerick](https://expertwitnessprofiler.com/expert-witness/Elizabeth-Feerick/1545077) | [David Fractor](https://expertwitnessprofiler.com/expert-witness/David-Fractor/1524462) | [David Rondinone](https://expertwitnessprofiler.com/expert-witness/David-Rondinone/1540582) | [Jason Fries](https://expertwitnessprofiler.com/expert-witness/Jason-Fries/1531855) | [John Frost](https://expertwitnessprofiler.com/expert-witness/John-Frost/1512778) | [Mariusz Ziejewski](https://expertwitnessprofiler.com/expert-witness/Mariusz-Ziejewski/1513722) | [Steven Batzer](https://expertwitnessprofiler.com/expert-witness/Stephen-Batzer/1519017) | [Steven E. Meyer](https://expertwitnessprofiler.com/expert-witness/Steven-Meyer/1527179) **Defendants:**Yamaha Motor Corporation, USA, Inc. and Yamaha Motor Manufacturing Corporation of America**Counsel for Defendants:** Law Office of Joyce L Mavredakis | Edgar J. Gutierrez**Experts for Defendants:** [Aubrey Corwin](https://expertwitnessprofiler.com/expert-witness/Aubrey-Corwin/1519613) | [Daniel Toomey](https://expertwitnessprofiler.com/expert-witness/Daniel-Toomey/1521347) | [Donald F. Tandy](https://expertwitnessprofiler.com/expert-witness/Donald-Tandy/1533043) | [Joseph Mohorovic](https://expertwitnessprofiler.com/expert-witness/Joseph-Mohorovic/1541811) | [Mark Fleming](https://expertwitnessprofiler.com/expert-witness/Mark-Fleming/1543756) | [Michael Carhart](https://expertwitnessprofiler.com/expert-witness/Michael-Carhart/1522964) | [Nathan Dorris](https://expertwitnessprofiler.com/expert-witness/Nathan-Dorris/1514264) | [Scott Kush](https://expertwitnessprofiler.com/expert-witness/Scott-Kush/1515342) ## **Key Arguments by Counsel** Plaintiff's lawyers hammered Yamaha on design defects. They showed videos of similar YXZ rollovers where ROPS buckled, proving ordinary buyers expected better protection. Counsel stressed Yamaha learned of the problem post-sale but skipped recalls that could have saved lives.​ Defense teams pointed fingers at Holdaway's reckless driving. They claimed the sharp turn caused the flip, not any vehicle flaw. Lawyers argued the YXZ performed as designed for off-road fun, and Van Tussenbrook knew the risks of riding fast on rough trails.​ ### **Claims** Plaintiff pursued strict product liability for design defects. He said the ROPS failed consumer safety expectations during foreseeable use. Van Tussenbrook also charged Yamaha with negligence for not issuing a recall or retrofit after spotting the defect.​ ### **Defense** Yamaha denied all claims. They raised comparative fault, saying Holdaway's negligence caused 25% of the harm. Defendants listed defenses like assumption of risk, state-of-the-art design, and misuse, insisting the vehicle matched industry norms. Halcyon Powersports, an early Defendant, bowed out early, claiming no role in design or sales.​ ### **Jury Verdict** Jurors deliberated and returned their special verdict on September 24, 2025. They skipped consumer expectation questions and jumped to design defect. The jury found Yamaha's design substantially caused Van Tussenbrook's injuries. Benefits did not outweigh the risks.​ On recall, jurors stated that Yahama knew of the defect after sales. They ruled the company negligent for skipping retrofit or recall, and that failure led straight to the harm. No malice triggered punitives against Yamaha Motor USA.​ Fault split 75% to Yamaha Defendants and 25% to driver Layne Holdaway. Jurors awarded big damages without reduction: · Past medical: $652,365.67 · Past lost earnings: $190,000 · Future lost earnings: $2,200,000 · Future medical: $13,291,111 · Past noneconomic loss: $2,000,000 · Future noneconomic loss: $8,000,000 Total came to****$26,333,476.67. The foreperson signed it off, and Court clerk David H. Yamasaki filed the form. Van Tussenbrook won a major victory after years of fighting, holding Yamaha accountable for the faulty ROPS that wrecked his body. Court documents are available upon request at [jurimatic@exlitem.com](https://exlitem.com/jury-verdict/yamaha-rops-defect-paralysis-verdict-263m-win/mailto:jurimatic@exlitem.com) [Share with Facebook](https://www.facebook.com/sharer/sharer.php?u=https://exlitem.com/jury-verdict/yamaha-rops-defect-paralysis-verdict-263m-win) [Share with X](https://x.com/intent/post?url=https://exlitem.com/jury-verdict/yamaha-rops-defect-paralysis-verdict-263m-win&text=x) [Share with LinkedIn](https://www.linkedin.com/sharing/share-offsite/?url=https://exlitem.com/jury-verdict/yamaha-rops-defect-paralysis-verdict-263m-win) [Share with Email](https://exlitem.com/jury-verdict/yamaha-rops-defect-paralysis-verdict-263m-win/mailto:?body=https://exlitem.com/jury-verdict/yamaha-rops-defect-paralysis-verdict-263m-win&subject=email) [Share with WhatsApp](https://api.whatsapp.com/send?text=https://exlitem.com/jury-verdict/yamaha-rops-defect-paralysis-verdict-263m-win%20whatsapp) ### **Find your next Expert Witness today** ![Sanjay Adhia](https://exlitem.com/jury-verdict/yamaha-rops-defect-paralysis-verdict-263m-win/_ipx/q_80/user-default.svg) ###### **Sanjay Adhia** Forensic Psychiastry ![George Reis](https://exlitem.com/jury-verdict/yamaha-rops-defect-paralysis-verdict-263m-win/_ipx/q_80/user-default.svg) ###### **George Reis** Forensic Imaging ![Maria Babinetz](https://exlitem.com/jury-verdict/yamaha-rops-defect-paralysis-verdict-263m-win/_ipx/q_80/user-default.svg) ###### **Maria Babinetz** Vocational Rehabilitation Find and retain experts without brokerage or upcharge. ### Looking for more? 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