Burn Victim Wins Suit against Motorcycle Accessories Distributor

By Amber Carini

Published on May 25, 2007

The plaintiff, Joseph Provenza, sustained severe burn injuries when he crashed his father's 1986 Yamaha motorcycle in an off-road area in Pahrump. The motorcycle burst into flames, causing third-degree burns over 90 percent of Provenza's body.

Provenza's parents sued Yamaha, several of its subsidiaries, and LeMans Corp., alleging product liability. The Provenzas claimed that the clothing their son wore during the crash, which was distributed by LeMans, was flammable, yet the company never advertised a warning of its combustibility.

During a pre-trial investigation, it was discovered that the Provenzas had previously altered the motorcycle. As a result, the court determined that Yamaha was not responsible for the damages of the crash. These modifications, expert witnesses testified, were probably the cause of the gas leak and fire.

Despite this evidence, LeMans Corp. was held liable for Provenza's injuries, the court determining that the reason the gasoline soaked the clothing was irrelevant.

Janesville, Wisconsin-based LeMans Corp. claims that its insurance policy only covers $16 million of the $42 million and is appealing the verdict.

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