This case was last updated from U.S. District Courts on 11/06/2021 at 08:20:15 (UTC).

Knapp et al v. American Honda Motor Co., Inc.

Case Summary

On September 7, 2021, April L. Knapp (“Ms. Knapp” or “Plaintiff”), represented by Scott S. Segal, Jason P. Foster, C. Edward Amos, II, and The Segal Law Firm,  filed a product liability lawsuit against American Honda Motor Co., Inc. (“Honda” or “Defendant”), seeking damages along with pre- and post-judgement interest for alleged negligence on the part of the Defendant which caused serious injury to John L. Harless (the “Decedent”) resulting in his death. This case was filed in the U.S. District Court in the Southern District of West Virginia.

In the complaint, the Plaintiff alleged that, “Upon information and belief, at all times relevant to this civil action, Honda designed, engineered, developed, manufactured, fabricated, assembled, equipped, tested and/or failed to test, inspected and/or failed to inspect, approved, labeled, advertised, promoted, marketed, supplied, distributed, sold and/or supplied Honda side by side utility vehicles. On or about March 30, 2019, Decedent purchased a Honda SXS700M2DK side by side utility vehicle (the “Subject Vehicle”) from Logan Motorcycle Sales, Inc., located in Logan, West Virginia.”

The Plaintiff further alleged that, “On or about September 27, 2020, Decedent was operating the Subject Vehicle on a dirt trail in or near Dawson, West Virginia (the “Trail”). The Trail traversed terrain that was well within the scope of the normal, expected and intended use for the Subject Vehicle. Upon information and belief, while Decedent was negotiating a slight curve in the Trail, a large section of the rim on the right front outer constant-velocity joint housing (the “CV Joint Housing”) separated from the rest of the CV Joint Housing.”

The Plaintiff also alleged that, “The failure in the CV Joint Housing allowed the front right constant-velocity axle (the “CV Axle”) to suddenly, violently and completely disconnect from the CV Joint Housing. The separation of the CV Axle from the CV Joint Housing resulted in a dramatic decrease in power to the right front wheel of the Subject Vehicle while the power to the other three wheels remained constant. The sudden decrease in power to the front right wheel and resultant power imbalance in the other three wheels caused the front right wheel of the Subject Vehicle to act as a brake and pull to the Subject Vehicle to the right. The Subject Vehicle’s momentum continued forward causing the Subject Vehicle to flip over (the “Flip Over”).”

There are three claims for relief laid down by the Plaintiff. The first claim is for alleged strict liability, because the subject vehicle was in such a defective condition as to render it unsafe for its intended use. The second claim is for alleged negligence, because Honda negligently failed to provide end-users such as Decedent with adequate and sufficient warnings and instructions about the risks, dangers, and harms presented by the Subject Vehicle and its component parts, and reasonable means to reduce such risks, dangers and harms. The third claim is for alleged breach of warranties, because neither the subject vehicle nor its component parts were fit for the particular purposes for which they were intended, and for which they were used.

In its prayer for relief, the Plaintiff has requested the Court for all damages set forth in W. Va. Code §55-7-6, including, but not limited to, sorrow, mental anguish, loss of solace, society, companionship and the reasonably expected loss of the Decedent’s income, services, protection, care and assistance along with pre- and post-judgment interest together with costs of litigation. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:21-CV-00502

  • Filing Date:

    09/07/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

Judge Details

Presiding Judge

Frank W. Volk

 

Party Details

Plaintiffs

April L. Knapp

John L. Harless

Defendant

American Honda Motor Co., Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Jason P. Foster

Attorney at THE SEGAL LAW FIRM

810 Kanawha Boulevard, East

Charleston, WV 25301

Charles Edward Amos, II

Attorney at THE SEGAL LAW FIRM

810 Kanawha Boulevard, East

Charleston, WV 25301

Scott S. Segal

Attorney at THE SEGAL LAW FIRM

810 Kanawha Boulevard, East

Charleston, WV 25301

Defendant Attorneys

Mitchell B. Tuggle

Attorney at THOMAS COMBS & SPANN

P. O. Box 3824

Charleston, WV 25338-3824

Philip J. Combs

Attorney at THOMAS COMBS & SPANN

P. O. Box 3824

Charleston, WV 25338-3824

 

Court Documents

#1

(#1) COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8026822. (Attachments: #1 Proposed Summons as to American Honda Motor Co., Inc., #2 Civil Cover Sheet) (mfo)

1 #1

Proposed Summons as to American Honda Motor Co., Inc.

1 #2

Civil Cover Sheet

#2

(#2) ELECTRONIC SUMMONS ISSUED as to American Honda Motor Co., Inc., re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (mfo)

#3

(#3) STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Aboulhosn. (cc: counsel of record; any unrepresented party) (msa)

#4

(#4) SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 9/13/2021, as to American Honda Motor Co., Inc. Certified Mail Number: 92148901125134100003262750. (msa)

#5

(#5) ANSWER TO #1 Complaint With Jury Demand by American Honda Motor Co., Inc..(Combs, Philip) (Modified on 10/1/2021 to add jury demand) (mk).

#6

(#6) ORDER AND NOTICE: Motions under FR Civ P 12(b) - 11/1/2021. Last day for Rule 26(f) meeting - 11/29/2021. Last day to file Report of Parties Planning Meeting and Scheduling Order Worksheet - 12/6/2021. Telephonic Scheduling Conference at 3:00 PM on 12/20/2021, before the undersigned, unless canceled. Entry of Scheduling Order - 12/30/2021. Last day to serve FR Civ P 26(a)(1) disclosures - 1/3/2022. Signed by Judge Frank W. Volk on 10/1/2021. (cc: counsel of record; any unrepresented parties) (mfo)

#7

(#7) DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant American Honda Motor Co., Inc. (Tuggle, Mitchell)

 

Docket Entries

  • 10/05/2021
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  • Docket(#7) DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant American Honda Motor Co., Inc. (Tuggle, Mitchell)

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  • 10/01/2021
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  • Docket(#6) ORDER AND NOTICE: Motions under FR Civ P 12(b) - 11/1/2021. Last day for Rule 26(f) meeting - 11/29/2021. Last day to file Report of Parties Planning Meeting and Scheduling Order Worksheet - 12/6/2021. Telephonic Scheduling Conference at 3:00 PM on 12/20/2021, before the undersigned, unless canceled. Entry of Scheduling Order - 12/30/2021. Last day to serve FR Civ P 26(a)(1) disclosures - 1/3/2022. Signed by Judge Frank W. Volk on 10/1/2021. (cc: counsel of record; any unrepresented parties) (mfo)

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  • 09/30/2021
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  • Docket(#5) ANSWER TO #1 Complaint With Jury Demand by American Honda Motor Co., Inc..(Combs, Philip) (Modified on 10/1/2021 to add jury demand) (mk).

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  • 09/15/2021
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  • Docket(#4) SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 9/13/2021, as to American Honda Motor Co., Inc. Certified Mail Number: 92148901125134100003262750. (msa)

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  • 09/07/2021
  • DocketCASE assigned to Judge Frank W. Volk. (klc) (Entered: 09/08/2021)

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  • 09/07/2021
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  • Docket(#3) STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Aboulhosn. (cc: counsel of record; any unrepresented party) (msa)

    Read MoreRead Less
  • 09/07/2021
  • View Court Documents
  • Docket(#2) ELECTRONIC SUMMONS ISSUED as to American Honda Motor Co., Inc., re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (mfo)

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  • 09/07/2021
  • View Court Documents
  • Docket(#1) COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8026822. (Attachments: #1 Proposed Summons as to American Honda Motor Co., Inc., #2 Civil Cover Sheet) (mfo)

    Read MoreRead Less
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