Powerpoint presentation made for mediation and trial in the Phanuef vs. Polaris Product Liability Case

1. POLARIS KNOWS THAT
ACCIDENTS HAPPEN

2. “EVERY 8.5 MINUTES SOMEONE GOES
TO THE EMERGENCY ROOM FOR
TREATMENT BECAUSE OF AN ATV
ROLLOVER INJURY”
Graeme Fowler: Pg. 12

3. POLARIS AGENTS AND EXPERTS HAVE
ROLLED THEIR MACHINES
• Ben Dieter, three times.
• Graeme Fowler, three to four times.
• Kevin Breene, two to three times
• Jean-Yves Leblanc witnessed employee pinned by an ATV

4. BAD THINGS CAN HAPPEN WHEN AN
ATV ROLLS OVER
1. Burn (Peter’s case).
2. Abrasion by rotating tires (Lacy’s Case).
3. Fire
• Vital gas components can melt, leak, and separate (Graeme Fowler, Pg. 61).
• Fire by contact with the environment (Jean-Yves Leblanc deposition, 07/21).

5. IF IT’S ON TOP,
Make it

6. POLARIS BELIEVED AN ATV AT AN
EXTREME ANGLE WOULD SHUT OFF

7. BEN DIETER, POLARIS SAFETY ENGINEER

8. TILT SENSORS ARE SAFETY
DEVICES AND WERE
AVAILABLE BEFORE 2009

9. Asahi Denso Co. Ltd., on April 23, 2004, was assigned a patent on a tilt
sensor capable of being applied to a variety of vehicles, including ATVs.
Its purpose is to stop an engine “so as to prevent secondary accidents
after the turning-over.”
Asahi Denso provided the tilt sensors to Polaris for its 2002-03
investigation.

10. Honda Motor Co, Ltd., on September 2, 2005, applied for a patent on a tilt
sensor for use on ATVs.
In that patent application they claim that “It has been known to use tilt
angle sensors in ATVs as a safety feature.”

11. A SUZUKI ATV WITH A TILT SENSOR
WILL SHUT OFF AT 62 DEGREES

12. POLARIS’ HONDA DEMONSTRATION:
90 DEGREES

13. POLARIS’ RECONSTRUCTION IS
FLAWED
1. They got the wrong tree.
2. They got the wrong angle.
3. They got the wrong leg configuration.

14. POLARIS SPENT $185,000 TO “PROVE” THE
ANGLE WAS LESS THAN 62 DEGREES
Q. You came out with the vehicle at rest at about 60 degrees?
A. · · “61.” Fowler, pg. 144

15. PETER’S STORY FROM DAY 1:
“Yes…. And as I stated, it wasn’t – the
machine really didn’t come to a full
90. It was up enough, you know, it was pitched
– I guess pitched up towards my feet.”

16. PETER’S ANGLE VS FOWLER’S ANGLE
110 Degrees
81 Degrees

17. • How long will an ATV run at 90 degrees?
• 90 minutes (Fowler, pg. 93)
• How long will an ATV run at 65 degrees?
• 33 minutes (Fowler, pg. 93)
• Peter’s ATV ran for 90 minutes,
• What angle was the ATV?

18. KEVIN BREEN, DEFENDANT’S
EXPERT WITNESS:
Q.· · “No matter how smart, honest, skilled,
experienced an accident reconstructionist, if he
begins his accident reconstruction with bad
information, bad information comes out at the
end, agreed?”
A.· · “It could.”

19. MIKE WHELAHAN, EYE WITNESS:
Mr. Trischler: “At this point in time three and a half years after the accident, you
can't even be sure if the bungee tree was the tree he was up against?”
A. “Correct.”
Mr. Trischler: “Is that reasonable to assume or don't you even know if that was
the tree?”
A. “I don't know that that was the tree.”

20. Q.· · In terms of recreating this accident, you'd agree if we pick a
different tree you can come up with a completely
different result?
A: Yeah. (Graeme Fowler)

22. MR. MOSER’S RULES OF THE ROAD
1. Design ATVs knowing that they will be driven by people who
make mistakes.
2. Guard against risks, if feasible.
3. Study and learn from competitor’s safety devices.
4. When you perform a safety analysis: DOCUMENT,
DOCUMENT, DOCUMENT.

23. MIKE BURLESON, PLAINTIFF’S EXPERT WITNESS:
“THERE’S NO NEED FOR [ATVS] TO RUN UPSIDE-DOWN”

24. WHAT HAPPENS WHEN AN ATV
DOESN’T SHUT OFF:

27. BECAUSE OF HIS INJURIES,
PETER HAD 7 SURGERIES

31. CAPTAIN ROGER HATFIELD