Parents of 13-year-old killed in ATV accident sue property owner, ATV owners

By Mary Mitchell

Published on May 09, 2006

Kayla McElaney, a 13-year-old from New Martinsville, W.V., died from traumatic brain injuries incurred in an all-terrain vehicle (ATV) accident on April 20, 2004. She was riding an adult-size ATV, sitting behind another 13-year-old girl, Kaeli Slampak, whose parents owned the ATV.

The lawsuit filed by Kayla's parents, Charles and Pamela McElaney, stated that their daughter's injuries, which they observed at the scene of the accident, were "open, severe and grotesque." The suit also notes that Kayla remained in a coma for 11 days after the accident, at which time they had to make the decision to withdraw life support.

The McElaneys' lawsuit contends that William Forbes, the owner of the land where the girls were riding the ATV, let the children of prospective customers use his land to ride recreational vehicles "to garner goodwill...for the benefit of his business pursuits." The lawsuit alleges that the ATV's owners, Phillip and Kristen Slampak, breached their duty of reasonable care and judgment by allowing the girls to ride the ATV, by failing to provide supervision or adequate instruction, and by allowing children under 14 to use an adult-size ATV, among other counts.