YAMAHA MOTOR CORP. V. MCMAHON, 183 SO.3D 145 (ALA. 2015), REH'G DENIED MAY 22, 2015.
Cunningham Bounds files amicus curiae brief on behalf of the Alabama Association of Justice, arguing in favor of an affirmance of the jury's verdict and judgment against Yamaha in a Rhino rollover case, and urging a rejection of Yamaha's request the Supreme Court impose a new common law rule that product manufacturers must have knowledge of likely or probable harm shown by evidence of prior incidences of injuries or deaths with the same product before they could be found liable for wantonness as a matter of law. The Supreme Court of Alabama affirmed the judgment without opinion and denied Yamaha's application for rehearing, thereby rejecting this latest effort to change Alabama's long-settled law of wantonness.
