A lawyer for a man who suffered a traumatic brain injury when he was thrown from a swerving golf cart at New Hampshire Motor Speedway told jurors Tuesday that cart manufacturer Textron should be held liable for not warning people against riding on the back of the cart where golf bags are stowed.
Textron's lawyer countered that Roderick Jenks, of Wilder, Vt. drove a school bus for a living at the time of the 2006 accident and should have known better than to stand on a moving vehicle.he lawsuit was filed by Jenks' wife, Melissa, who is her 53-year-old husband's legal guardian. Attorney Daniel Mawhinney told the jury Rod Jenks has almost no short-term memory and cannot be allowed to leave the house alone because he would get lost.
The accident occurred July 16, 2006, during a race weekend at the speedway. Jenks was among 1,500 volunteers raising money for charities or teams when the golf cart he was standing on swerved sharply, sending him to the pavement. Jenks was raising money for Fishin' for Kids, a New Hampshire charity.
Melissa Jenks settled her lawsuit against the speedway last month for an undisclosed sum of money.
During his opening statement, Osterman played a clip from a video deposition of Roderick Jenks in which he says he would "stop his school bus on a dime" if he saw a child standing. He said during the deposition that it would be his fault if he didn't tell them to sit down and someone got hurt.
Osterman also stressed that at the time of the accident, Jenks was 6 feet tall and weighed about 310 pounds. The lawyer said Jenks' size 11 shoes would not have fit fully from the front to the rear of the golf bag platform.
Textron's lawyer countered that Roderick Jenks, of Wilder, Vt. drove a school bus for a living at the time of the 2006 accident and should have known better than to stand on a moving vehicle.he lawsuit was filed by Jenks' wife, Melissa, who is her 53-year-old husband's legal guardian. Attorney Daniel Mawhinney told the jury Rod Jenks has almost no short-term memory and cannot be allowed to leave the house alone because he would get lost.
The accident occurred July 16, 2006, during a race weekend at the speedway. Jenks was among 1,500 volunteers raising money for charities or teams when the golf cart he was standing on swerved sharply, sending him to the pavement. Jenks was raising money for Fishin' for Kids, a New Hampshire charity.
Melissa Jenks settled her lawsuit against the speedway last month for an undisclosed sum of money.
During his opening statement, Osterman played a clip from a video deposition of Roderick Jenks in which he says he would "stop his school bus on a dime" if he saw a child standing. He said during the deposition that it would be his fault if he didn't tell them to sit down and someone got hurt.
Osterman also stressed that at the time of the accident, Jenks was 6 feet tall and weighed about 310 pounds. The lawyer said Jenks' size 11 shoes would not have fit fully from the front to the rear of the golf bag platform.
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