SHOTTS v. BOMBARDIER, INC. Et Al Complaint

Case 1:05-cv-01049-DFH-TAB Document 1-1 Filed 07/18/05 Page 1 of 21
IN THE MARION COUNTY _ _ _ _ _ _ _ COURT

STATE OF INDIANA
COUNTY OF MARION
Cause #
-------------------------
MICHAEL G. SHOTTS, JR. )
)
." ...
. r . ,
~ ~ ' ...
',
Plaintiff ) lf4{3;1 OSOCo CT Z4-q 41

)
v. )
BOMBARDIER, INC., d/b/a

Bombardier Motor Corporation of America,
)
)
)
~1{?J ro\ Z-'1 \oS
.ii !~~, :'! q .""!~'
Bombardier Recreational Products, )
Bombardier Recreational Products, Inc., )
and BRP US Inc.; BOMBARDIER )
MOTOR CORPORATION OF AMERICA, )
BOMBARDIER MOTOR CORPORA. TION )
OF AMERICA, INC.; BOMBARDIER )
RECREATIONAL PRODUCTS; )
BOMBARDIER RECREATIONAL )
PRODUCTS, INC.; and BRP US INC., )
)
Defendants )
COMPLAINT FOR DAMAGES

AND REQUEST FOR JURy TRIAL
Plaintiff, Michael G. Shotts, Jr., by counsel, states the following in support ofms
Complaint for Damages against Defendants in this cause of action:
1. Defendant Bombardier, Inc., is a corporation organized under the laws of Canada
and located in Quebec, Canada, and is in the business of developing. designing, manufacturing,
selling and distributing recreational vehicles, including all-terrain vehicles C"ATVs"), and does
or has done such business in the United States and Canada under a variety of assumed business
names, including but not limited to, Bombardier Motor Company of America, Bombardier
Recreational Products, Bombardier Recreational Products, Inc., and BRP US Inc.

2. Bombardier Recreational Products ("BRP") was, at the times relevant to this
cause of action, a division of Defendant Bombardier, Inc., and was in the business of developing,
designing, manufacturing, and selling recreational vehicles, including ATVs, and did such
business in the United States and Canada.
3. Defendant Bombardier Recreational Products, Inc., ("BRPf') is a corporation that
was formed under the laws of Canada in or shortly after December 2003 by the purchase of the
BRP Division of Defendant Bombardier, Inc., by Bain Capital, members of the Bombardier
family (majority owners of Bombardier, Inc.), and the Caisse de depot et placement du Quebec,
and is in the business of developing, designing, manufacturing, and selling recreational vehicles,
including ATVs, in the United States and Canada.
4. Defendants Bombardier Motor Corporation of America was a division or other
assumed business name of Defendant Bombardier, Inc., and Bombardier Motor Corporation of
America, Inc., was or is a corporation organized under the laws of the State of Delaware, and
both Defendants were used by Defendants Bombardier, Inc., BRP US Inc., and BRPI to
manufacture, distribute and sell ATVs, and had their principal place(s) of business in Sturtevant
and Wausau, Wisconsin.
5. Defendant BRP US Inc. ("BRPUS") is a corporation, organized under the laws of
Delaware and with its principaJ place of business in Sturtevant, Wisconsin, and BRPUS is the
new name, since Apri126, 2004, of the Delaware corporation(s) formerly known as Bombardier
Motor Company of America and/or Bombardier Motor Company of America, Inc., and has been
used by Defendants Bombardier, Inc., BRP, and BRPI to manufacture, distribute and seIJ ATVs,
and had their principal pJace(s) of business in Sturtevant and Wausau, Wisconsin.
2
6. All of the Defendants identified in paragraphs 1-5 were "manufacturers" as that
term is defined in Indiana Code § 34-6-2-77, and shall hereinafter be referred to, collectively, as
"the Bombardier Defendants."
7. The Bombardier Defendants developed, designed, manufactured, assembled, sold,
and placed into the stream of commerce an ATV model Quest 500, including the Bombardier
Quest 500 ATV with VIN # 2BVCGID122V000611 ("the Quest 500"), which is the subject of
this lawsuit.
8. Plaintiff Michael Shotts, who was born on April 30, 1971, is a resident of
Indianapolis, Marion County, Indiana, and was, for the purposes of this action, a "user or
consumer" as defined in Indiana Code § 34-20-1-1.
9. On June 4, 2002, the Quest 500 was sold. to Greenwood Surveying Company,
d/b/a Projects Plus, a company owned and operated by Plaintiff's father in Greenwood, Indiana,
by Pence Oldsmobile GMC Truck, Inc., and Indiana corporation located in Danville, Indiana,
which was an authorized dealer for the Bombardier Defendants.
10. The Bombardier Defendants were doing business within the State of Indiana,
caused personal injury within the State of Indiana by their negligent acts performed outside the
State ofIndiana, and regularly supplied goods within the State of Indiana, including ATVs like
the Quest 500.
11. On June 30, 2003, Plaintiff, his brother, Nick Shotts, and mutual friend Kevin
Niswonger transported the Quest 500, a smaller ATV owned by Nick Shotts, and a third ATV
owned by Kevin Niswonger, using Nick Shotts' pickup truck, to Haspin Acres-an ATV course
named located in ;or near Laurel, Indiana.
3
12. After arriving at Haspin Acres, Plaintiff: his brother, and Kevin Niswonger
unloaded the ATVs and began riding them on trails located on the Haspin Acres premises.
13. At all times, Plaintiff was riding and using the Quest 500 in reasonable and
foreseeable ways and was wearing protective gear, including a motorcycle helmet.
14. After a substantial period of riding the ATV's at Haspin Acres, as well as some
time spent resting, Nick Shotts, Kevin Niswonger, and Plaintiff Michael Shotts were riding, in
that order, on a wooded trail at Haspin Acres.
15. As the three friends were riding, Nick Shotts rode his smaller ATV into a ravine
area into which Kevin Niswonger and Michael Shotts did not ride with their ATV's.
16. As Nick Shotts was riding in the ravine, his ATV got stuck and all three friends
were able to dislodge the ATV by pushing it free.
17. Although Nick's smaller ATV was dislodged, it was unable to produce enough
power to go from its stopped position at the bottom of the raving up the other side of the ravine,
despite the friends' efforts to assist by pushing the ATY.
18. After discovering that Nick's smaller ATV could not be pushed up the ravine,
Plaintiff Michael Shotts took a nylon tow strap and attached it to the cargo rack on the rear of his
much larger Quest 500 and to the bumper of Nick's much smaller ATV and attempted to use the
Quest 500 to pull Nick's ATV out of the ravine.
19. Plaintiff moved his Quest 500 slowly forward to tighten the tow strap, and then
attempted to accelerate the four-wheel-drive Quest 500 to pull Nick's ATV out of the ravine.
20. When Plaintiff attempted to move the Quest 500 forward, it suddenly and without
warning flipped over backwards and threw Plaintiff to the ground on his back before the Quest
500 landed on top of Plaintiff: resulting in severe and permanent injuries, including but not
4
limited to a compression fracture of his T-12 vertebra and total paralysis of the body from near
his nave] to the bottom of his feet.
21. The Bombardier Defendants negligently designed, sold, and introduced into the
stream of commerce the Quest 500 in a defective condition unreasonably dangerous to users or
consumers in that:
(a) It had a center of gravity and other design features that caused it to
flip over backwards suddenly and without warning when used in a
reasonably foreseeable manner;
(b) It had a rear cargo rack that made an inviting and available location
for attaching a tow strap when users or consumers foreseeably
attempted to pull objects, including other ATVs;
(c) It was not sold with sufficient instructions and/or warnings
concerning the Quest 500' s high center of gravity, the likelihood of
the Quest 500 tipping over backwards, and/or the likelihood that
using the rear cargo rack to pull objects would cause the Quest 500
to tip over backwards with a severe risk of serious injury or death;
(d) It was not sold with warnings of these hazards in the literature
provided with the Quest 500, including the "Safety Handbook," and
the "Operator's Guide," and failed to place a warning of this hazard
on the Quest 500; and
(e) It was negJigently designed and manufactured.
22. The Quest 500 was defective and in a condition unreasonably dangerous to users
or consumers at the time it left the possession and control of the Bombardier Defendants and the
5
Quest 500 was expected to and did reach the buyer in the same condition in which it was
manufactured and sold by the Bombardier Defendants.
23. As a direct and proximate result of the above negligence and other acts and/or
omissions of the Bombardier Defendants, Plaintiff Michael Shotts' reasonable and foreseeable
use of the Quest 500 caused the Quest 500 to roll over on Plaintiff and proximately caused the
injuries to, and paralysis of, Plaintiff Michael Shotts.
24. The Bombardier Defendants impliedly warranted to Plaintiff that the Quest 500
was merchantable, in accordance with Indiana Code § 26-1-2-314, and Plaintiff relied upon this
implied warranty of merchantability.
25. The Quest 500 was not of merchantable quality due to the defects described in
paragraph 21, above, and its lack of merchantable quality proximately caused the incident and
injuries described in paragraph 23.
26. The Bombardier Defendants impliedly warranted to Plaintiff that the Quest 500
was fit for a particular purpose in accordance with Indiana Code § 26-1-2-315. and Plaintiff
relied upon this implied warranty of fitness.
27. The Quest 500 was not fit for its particular purpose due to the defects described in
paragraph 21, above, and its lack of fitness for such purpose proximately caused the incident and
injuries described in paragraph 23.
28. Under Indiana's lex loci delicti choice-of-Iaws rule for torts, all legal issues in this
case will be governed by the substantive law ofIndiana, Simon v. United States, 805 N.E.2d 798
(Ind. 2004) (affirming HubbardManujacturing Co. v. Greeson, 515 N.E.2d 1071 (Ind. 1987»;
Baca v. New Prime, Inc., 810 N.E.2d 711 (Ind. 2004) (reaffirming Indiana's refusal to apply
depefage in choice-of-laws analysis).
6
WHEREFORE. Plaintiff prays that judgment be entered against the Bombardier
Defendants for damages in an amount sufficient to compensate him for his medical expenses,
lost wages and earning capacity, lost time, pain and suffering, and other damages.
PLAINTIFF'S REQUEST FOR TRIAL BY JURY

Plaintiff, Michael G. Shotts, Jr., by counsel, comes before the Court and requests that this
matter be tried before a jury.
NORRIS CHOPLIN & SCHROEDER, LLP
Peter A. Schroeder (# 1587-49)
Attorneys for Plaintiff

101 West Ohio Street, Ninth Floor
Indianapolis, IN 46204-4213
Phone: 317·269-9330
Fax: 317-269-9338
email: rdowling@ncs-Iaw.com
pschroeder@ncs-law.com
7
IN THE MARION COUNTY COURT

STATE OF INDIANA .'
COUNTY OF MARIOA<) JO 7050 b" .. (j~' " ';; ~, .-
Cause No. 49
-------- - 0506-CT - --------------
MICHAEL G. SBOTIS, JR., )
)
Plaintiff )
)
v. )
)
BOMBARDIER, INC., d/b/a )
Bombardier Motor Corporation of America, )
Bombardier Recreational Products, me., )
BOMBARDIER MOTOR CORPORATION )
RECREATIONAL PRODUCTS; )
BOMBARDIER RECREATIONAL )
)
Defendants. )
APPEARANCE BY ATTORNEY IN CML CASE

Party Classification: Initiating _~_ Responding __ Intervening __
1. The undersigned attorney and all attorneys listed on this form now appear in this case for the
fol1owing party member(s): PLAINTIFF MICHAEL G. SHOITS. JR.
2. Applicable attorney information for service as required by Trial Rule 5(8)(2) and for case
information-as required by Trial Rules 3.1 and 77(B) is as follows:
Name: Peter A. Schroeder Atty Number: --..:1;..:::5~87:...-4..:.:9~_______

Name: Ralph E. Dowling Atty Number: _ .....1...,,7..:..70=2=--4-'-'9"--_ _ _ __
Address: ] 01 W. Ohio St .• Ninth F100f Phone: -""3:..!.1~712.:!:::6::.:.9~-9~3o!.::3~0_ _ _ _ _ __
Indianapolis. IN 46204-4213 FAX: _-""3..... 17!..<-12=6=9'-'-9:;.::3=3=8_ _ _ _ _ __
Computer Address: pschroeder@ncs-Iaw.com and rdowling@ncs-Iaw.com
3. There are other party members: Yes ~

APPEARANCE FORMAT - CONTINUAnON PAGE
Ca~Number. ____~4=9____~0=506~-_C=TL--_________________________________
Fint Listed Party Member: ~MI~CHAEL~""""""-,G....,.,-"S=H....O,,T,"-,T....So<a..'=JR=-___________________
4. Iffirst initiating party filing this case, the Clerk is requested to assign this case the following
Case Type under Administrative Rule 8(bX3): ~C~T~________________
5. I will accept service by FAX at the above noted number: Yes.::L No
6. This case involves support issues. Yes __ No ~
7. There are related cases: Yes No_"'---_
8. This Appearance has been served on the defendants together with the Summons and
Complaint by the Marion County Clerk.
NORRIS CHOPLlN & SCHROEDER, LLP
Peter A. Schroeder (1587-49)
NORRIS CHOPLlN & SCHROEDER, LLP

317-269-9330; Fax: 317-269-9338
E-Mail: pschroeder@ncs-Iaw.com
rdowling@ncs-Iaw.com
2
IN THE MARION COUNTY COURT

STATE OF INDIANA
COUNTY OF MARION
4 9 J 0 i \) 5 0 6 '" ; C " !.t " ~ •
Cause No. 49 - 0506-CT -

-------
MICHAEL G. SHOTTS, JR., )
)
Plaintiff )
)
v. )
)
BOMBARDIER, INC., d/b/a )
Bombardier Motor Corporation of America, )
Bombardier Recreational Products, Inc., ) ,i ' :"; .'
BOMBARDIER MOTOR CORPORATION )
RECREA TIONAL PRODUCTS; )
BOMBARDIER RECREA TIONAL )
)
Defendants. )
APPEARANCE BY ATfORNEY IN CIVIL CASE

Party Classification: Initiating _.J_ Responding __ Intervening __
1. The undersigned attorney and all attorneys listed on this form now appear in this case for the
following party member(s): PLAINTIFF MICHAEL G. SHOTTS, JR.
2, Applicable attorney information for selVice as required by Trial Rule 5(B)(2) and for case
infonnation as required by Trial Rules 3.1 and 77(B) is as follows:
Name: Peter A, Schroeder Atty Number: --'1:.:05;,;;:;8..:..7-...:4.;:;.,9_ _ _ _ __

Name: Ralph E. Dowling Atty Number: _-'1w.7...!..70~2=--4..!.:9~_ _ _ __
Address: 101 W. Ohio St.. Ninth Floor Phone: ---"3~1..!.J7/'_"'2~69~-""_9...:.:33"""O'--_ _ _ _ __
Indianapolis, IN 46204-4213 FAX: _-"'3~1.!-J,7/=2""_'69:..-""_'93""'3~8c _ _ _ _ _ __
Computer Address: pschroeder@ncs-Iaw.com and rdowling@ncs-Iaw.com
3. There are other party members: Yes xx

APPEARANCE FORMAT - CONTINUA nON PAGE
CaseNumber: _____4~9~___O~5~O~6~-_C~T_-___________________________________
First Listed Party Member: ..:..Ml=C=HAE==L=GCc-'=SH=O-"-T-,,,T=S...,.JR=-=-_ _ _ _ _ _ _ _ _ _ _ _ __
4. Iffirst initiating party filing this case, the Clerk is requested to assign this case the following
Case Type under Administrative Rule 8(b)(3): --'='-"-_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
5. I will accept service by FAX at the above noted number: Yes l No
6. This case involves support issues. Yes __ No-.:l.
7. There are related cases: Yes No---,-__
8. This Appearance has been served on the defendants together with the Summons and
Complaint by the Marion County Clerk.
Peter A Schroeder (1587-49)
Attorneys··for'Plalntiff

317-269-9330; Fax: 317-269-9338
E-Mail: pschroeder@ncs-law.com
rdowling~s-la~,~Qm
2
RECEIVED SUMMONS
JUl 05 20~
In the Marion SuperiorlCircuit Court, Room No. _
MICHAEL G. SHO'ITS, JR.,
Plaintiff, 49JD705Q6~T';~~~.~
-vs- Cause No. _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
BOMBARDIER, mc..
dIbIa
Bombanller Motor Corporation of Amelita,
Bombardier Recreational Products,
Bombardier Recreational Prolludl, Inc.,
and BRP US Inc.; BOMBARDIER
MOTOR CORPORATION OF AMERICA,
BOMBARDIER MOTOR CORPORATION
OF AMERICA. INC.; BOMBARDIER
RECREATIONAL PRODUCTS;
BOMBARDIER RECREATIONAL
PRODUCTS, INC.; nd BRP US mc.,
Defendants
TO DEFENDANT: Higbest Corporate Executive Officer

Bombardier Motor Corporation of America,lnc.
7575 Bombardier Court
P.O. Box 803S
Wausau, WI 54402-8035
You are hereby notified Chat you bavc been sued by the person named as plaintiff and in the Court indicated above.
The nature of the suit against you is slated in the complaint which is attached 10 this SUDlIIlODS. It also states the relief sought
or the demand made against you by the plainliff.
An answer or other appropriate response in writing 10 the complaint must be filed either by you or your attorney within
twenty (20) days.. commencing the day after you receive this Summons, (or twenty-three (23) days if this SUIlUIlOIIS was received by
mail), or a judgment by default may be rendered against you for the relief demanded by plaintiff.
If you have a claim for relief against the plaintiff arising from the same ttansaction or OCCUIl'tIIlce, you must assert it in your
written answer.
If you need tile lI31De of an attomcy. you may contact tIIClndi~s~~¥,n Lawyer Refemd Service (269-2222),
()f the Marion County Bar Association Lawyer Referral Service (~)~"""""
JUN 29 2005
(Seal)
Clerk, Marion Superior Court
(The following manner of service of SIlIDIII,OIlS is he~g~~l.
X Registered or certified mail.
Peter A Schroeder (158149)

Ralph E. Dowling (1710249) Norris Choplin & Schroeder, LLP
AtIOmeys for Plaintiff 101 West Ohio Street, Ninth Floor
IhdUmapolis, Indiana 462044213
317-269-9330; Fax: 311-269-9338
I] II , I
III
;! 1 ; I;-': ;;U~2.
Case 1:05-cv-01049-DFH-TAB Document 1-1 ~

Filed 07/18/05 Page 13 of 21
II
CERTIFICATE OF CLERK OF SUMMONS NOT ACCEPTED BY.MAIL

I hereby certify that on._~_day _ _ _ _ _ _~____ mailed a copy of this summons and a copy of the
complaint to the defendant (s) _ _ _~.,.--:-_-:--_--:-:::--:,---:-:-_-:--:_ _ _ _ _ _-:--:-:...,.---_ _.
-:-_ _ _ _ _ _:--_ _ _ _ _Py (registered or certified) mail, and the same was returned \\ithout acceptance
this day of _ _ _ _ _ _ _ _,. and I did deliver said summons and a copy of complaint to the Sheriff
of Marion County, Indiana.
Date: _ _ _ _ _ _ _ _ _ __
Clerk, Marion County Superior/Circuit Coun
RETURN OF SERVICE OF SUMMONS

I helCeby certify that I have served the within summOnS:
1. By delivering on the day of _ _ _ _ _ _ _ _ _ _..., 20_ a copy of this summons

and a copy of the complaint to each of the within-named defendant (5)
2. By leaving on thc _ _ _ _ _ day of ._ _ _ _ _ _ _ _~. 20_ for each of the within Damed
defendant(s) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _-:-:--_ _ _ _ _-:-_ _-:--
-::-_--:-:-_-:-_ _--:-_--:~__:----_:__--:_:___:-_:_:----'a copy summons and a copy
the complaint at the respective dwelling house or usual place of abode, and by mailing a copy of the summons without
the complaint to
at _ _ _ _ _ _ _ _ _ _ _the last known address of defendant (s).

3.
All done in Marion County, Indiana
Sheriff ofMation County, Indiana

Mileage:_ _ _ _ _ _ _ __ BY: ___________________ ~D~uty
Total: $._ _ _ _ _ _ __
RETURN BY INSTmmON
The undersigned Superintendent
now certifies that _ _ _ _ _ _ _ _ _ _ __ _ _ _ _---'has received a copy of this summons
and has been allowed an opportunity to retain counsel.
Superintendert
Dated: _ _ _ _ _ _ _ _ _ __ By: _____________________
SERVICE ACKNOWLEDGED
A copy oftbe within summons and a copy of the complaint attached thereto were received by me at _--::-_ __
________________~~----------------~."O_-----------------~yof-----------
Signature of Defendant
SUMMONS
In the Marion Superior/Circuit Court, Room No. _
MICHAEL G. SHOTTS, JR.,
Plaintiff,
4 <) JO /"V.,l"(J v"-
." ".~•.....
• •'....,,.7 '"
-vs- Cause
BOMBARDIER, INC., d/b/a

Bombardier RecreationaJ Products,
Bombardier RecreationaJ Products, Inc.,
OF AMERICA, INC.; BOMBARDIER
PRODUCTS, INC.; and BRP US INC.,
Defendants
TO DEFENDANT: Bombardier Motor Corporation of America, a division of Bombardier, Inc.

Agent: C T Corporation System
8025 Excelsior Drive Suite 200
Madison, WI 53717
You are hereby notified that you have been sued by the person named as plaintiff and in the Court indicated above.
The nature of the suit against you is stated in the complaint which is attached to this Summons. It also states the relief sought
or the demand made against you by the plaintiff.
An answer or other appropriate response in writing to the complaint must be filed either by you or your attorney within
twenty (20) days, commencing the day after you receive this Sununons, (or twenty-three (23) days if this Sununons was received by
If you have a claim for relief against the plaintiff arising from the same transaction or occurrence, you must assert it in your
written answer.
1f you need the name of an anomey, you may contact the Indianapolis ~OD.'LJ1«"~rral Service (269-2222),
or the Marion County Bar Association Lawyer Referral Service (634-3950). -"
JUN 'i ~ )nlJ~
Dated_ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _--=::-:--::-::-:---:::-_:--:::--_ _ _ _ _ _ _ _ _ (Seal)
(The following manner of service of summons is hereby designated.)
Other service.

Ralph E. Dowling (17702-49) Norris Choplin & Schroeder, LLP
. Attorneys for Plaintiff 101 West Ohio Street, Nmth Floor
Indianapolis,lndiana 46204-4213
317-269-9330; Fax: 317-269-9338
CERTIFICATE OF CLERK OF SUMMONS NOT ACCEPTED BY MAIL
I hereby certify that on. day of _ _ _ _ _ _ _ _ _I mailed a copy of this summons and a copy of the
complaint to the defendant (s) _ _ _ _-:--:-_-:-_______-:-___________________
_ _ _ _ _ _ _ _ _ _ _ _ _ _- J (registered or certified) mail, and the same was returned without acceptance
this day ___________, and I did deliver said summons and a copy of complaint to the Sheriff
Date: _ _ _ _ _ _ _ _ _ _ __
Clerk, Marion County Superior/Circuit Court

I hereby certify that I have served the within summons:
l. By delivering on the day of _ _ _ _ _ _ _ _ _ _ _• 20_ a copy of this summons

and a copy of the complaint to each of the within-named defendant (s)
2. By leaving on _._. ______ day _~____._ _ _ _ _ _ _ _• 20__ for each of the within named
derendan«s) ___________________________________________________
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _a copy of the summons and a copy of
thecomplaimto _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.________________________
at _ _ _ _ _ _ _ _ _ _ _ _ _ _-.-last known address of defendant (s).

3.
Fees: $._ _ _ _ _ _ _ _ __
Sheriff of Marion County. Indiana
Mileage: __________ By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~
Total: $_ _ _ _ _ _ __
RETURN BY INSTITUTION
The undersigned Superintendent
now certifies that _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~has received a copy of this summons
Superintendent
Dated: _ _ _ _ _ _ _ _ _ __
A copy of the within summons and a copy of the complaint attached thereto were received by me at __________
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~.u _ _ _ _ _ _ _ _ _ _ _ ~y
_ _ _ _ _ _ _ _ _ _ _,.20___ .
SUMMONS
In the Marion Superior/Circuit Court, Room No. __
MICHAEL G. SHOTTS, JR.,

," ",
• " .. y ';, "",. ..,.
Plaintiff,
-vs- Cause
BOMBARDIER. INC., d/b/a

Bombardier Recreational Products,
Bombardier Recreational Products, Inc.,
Defendants
TO DEFENDANT: BRPUS Inc.

Agent: C T Corporation System
8025 Excelsior Drive Suite 200
Madison, WI 53717
twenty (20) days, commencing the day after you receive this Summons, (or twenty-three (23) days if this Summons was received by
mail), O[ a judgment by default may be rendered against you for the relief demanded by plaintiff.
written answer.
u: you need the name o~ ~ attorney, you may con~ the Im:li~(~,~..~soci.f,tioo.Lawyer
.a;~,,/"
or the Marion County Bar AsSOCIatIOn Lawyer Referral ServIce (634-39~)~ . ", -t..l'('.~'l
Referral Service (269-2222),
v.
JUN 2;-: IOa~

__________-=~~~~--~=_------------------(S~)
(Tbe following manner of service of summons is bereby ~flted.)

Oilierservice.{f~.~~4'~~J _________________________________________________________

RaJpb E. Dowling (17702-49) Norris Choplin & Schroeder, LLP
Attorneys for Plaintiff 101 West Ohio Street, Ninth Floor
Indianapolis, Indiana 46204-4213
317-269-9330; Fax: 317-269-9338
CERTIFICATE OF CLERK OF SUMMONS NOT ACCEPTED BY MAIL
I hereby certify that on. day _ _ _ _ _ _ _ _ _ _ _£ mailed a copy of this summons and a copy of the
complaint to the defendant (s) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
_ _ _ _ _ _ _ _-:--_ _ _ _ _ _ _ - J (registered or certified) mail, and the same was returned without acceptance
this day __________-' and I did deliver said summons and a copy of complaint to the Sheriff
Date: _ _ _ _ _ _ _ _ _ _ _ __

]. By delivering on the day _______________ , 20__ a copy of this summons

and a copy of the complaint to each of the within-named defendant (s)
2. By leaving on the_______ day of_ _ _ _ _ _ _ _ _ _ _ _" 20_ for each of the within named
defendant(s) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
_________________________________a copy of the summons and a copy of
thecomplaintw _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
at ________________the last known address of defendant (s).

3.
Fees:
Sheriff of Marion County, Indiana
Mileage:_ _ _ _ _ _ _ __ By: ________________________ -.wyy~
Total:
The undersigned Superintendent of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
now certifies that _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _has received a copy of this summons
Superintendent
Dakrl: _ _ _ _ _ _ _ _ _ __
A copy of the within swnmons and a copy of the complaint attached thereto were received by me at __________
-----------------------~-~----------~y
_ _ _ _ _ _ _ _ _ _ _,20__ .
SUMMONS
In the Marion Superior/Circuit Court, Room No. __
MICHAEL G. SHOTTS. JR.,

• \. -1
... ~ ~"
t) ~.
I
", c,: O· "",
V." • ,:''' , i.. ... '''; ''1 '.
Plaintiff,
Cause No. _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
-vs-
BOMBARDIER., INC., d/b/a
Bombardier Recreational Products.
Bombardier Recreational Products. Inc.,
Defendants
TO DEFENDANT: Bombardier Motor Corporation of America, Inc.

Alent: C T Corporation System
802S Excelsior Drive Suite 200
Madison, WI 53717
twenty (20) days. commencing the day after you receive this Summons, (or twenty-three (23) days if this Summons was received by
written answer.
If you need the name of an attorney, you may contact tlJ~Jnaimyrpolis Bru::Association Lawyer Referral Service (269-2222),
or the Marion County Bar Association Lawyer Referral Service~"""'- ~~~..,..
Dated_ _ _ _ _ _ _ _ _ _ _ _ ___ JUN ~ ~ 2005 (Seal)

----------~~~~~~~------------------
Clerk:, Marion Superior Court
(Tbe following manner of senice of summons is bereby designateIL)
Other service. (Specify),__________________________________

Ralph E. Dowling (17702-49) Norris Cboplin & Scbroeder, 1LP
Attorneys for Plaintiff 101 West Ohio Street, Ninth Floor
Indianapolis, Indiana 46204-4213
317-269-9330; Fax: 317-269-9338
CERTIFICATE OF CLERK OF SUMMONS NOT ACCEPTED BY MAll
I hereby certify that on. day of _ _ _ _ _ _ _---'I mailed a copy of this summons and a copy of the
complai~rothedefendant(s) ___________________________________________
________________by (registered or certified) mail, and the same was returned without acceptance
this day of _________--", and I did deliver said summons and a copy of complaint ro the Sheriff
Date: ______________

1. By delivering on the day of _ _ _ _ _ _ _ _ _ _ _" 20_ a copy of this summons

and a copy of the complai~ ro each of the within-named defendant (s)
2. By leaving on the,_ _ _ _ _ day of_ _ _ _ _ _ _ _ _ _ _-", 20_ for each of the within named
defendant(s) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
_______________________________--'a copy of the summons and a copy of
the complai~ at the respective dwelling house or usual place of abode, and by mailing a copy of the summons without
the complaint ro _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
at _ _ _ _ _ _ _ _ _ _ _ _th,e last known address of defendant (s).

3.

Fees: $_ _ _ _ _ __
Sheriff of Marion County, Indiana
MiJeage:_ _ _ _ _ _ _ __ By: _________________________.Dqmty
Total: $,_ _ _ _ _ __
The undersigned Superintendent of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
now certifies that _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~has received a copy of this summons
Superintendent
Dated: ______________ By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
A copy of1he within summons and a copy of the complaint attached thereto were received by me at _ _ _ _ _ _ __
_____________________________tlris ~of __________
_____________" 20__-
STATE OF INDIANA ) MARlON SUPERIOR COURT

)SS:
COUNTY OF MARlON ) INDIANAPOLIS, INDIANA

)
Plaintiff )
vs. ) CAUSE NO. 49D07-0506-CT-24941
)
BOMBARDIER, INC., et al. )
)
Defendants )
APPEARANCE BY ATTORNEY IN CIVIL CASE
Party Classification: Initiating Responding X Intervening
1. The undersigned attorney and all attorneys listed on this fonn now appear in this case for the
following party member(s): BOMBARDIER, INC.; BOMBARDIER MOTOR CORPORATION OF
AMERICA, BOMBARDIER MOTOR CORPORATION OF AMERICA, INC.; and BRP US INC.
2. Applicable attorney infonnation for service as required by Trial Rule 5(B)(2) and for case
infonnation as required by Trial Rules 3.1 and 77(B) is as follows:
Name: Eric L. Kirschner Atty. No. 5225-45
Address: Beckman, Kelly & Smith Phone: 219.933.6200
5920 Hohman Avenue Fax: 219.933.6201
Hammond, Indiana 46320 E-Mail: ekirschner@bkslegal.com
3. There are other party members: Yes No X (If yes, list on continuation page.)
4. If first initiating party filing this case, the Clerk is requested to assign this case the following Case
Type under Administrative Rule 8(b)(3):
5. I will accept service by FAX at the above noted number: Yes No X
6. This case involves support issues. Yes No X
7. There are related cases: Yes NoX
8. This fonn has been served on all other parties. Certificate of Service is attached: Yes X No
9. Additional infonnation required by local rule:
Eric L. Kirschner, Attorney at Law
CERTIFICATE OF SERVICE
I certify that on the A day of July, 2005, service of a true complete copy of the foregoing
Appearance was made upon all parties herein by depositing the same in the United States mail with
sufficient ftrst class postage affixed.
Beckman, Ke~~
~
By: ______ __~I __
/ 1__.___
291978.vl/99-00001 - 2227·5
STATE OF INDIANA ) MARION SUPERIOR COURT

)SS:
COUNTY OF MARION ) INDIANAPOLIS, INDIANA

)
Plaintiff )
vs. ) CAUSE NO. 49D07-0506-CT-24941
)
BOMBARDIER, INC., et al. )
)
Defendants -, )
MOTION REGARDING AUTOMATIC EXTENSION OF TIME
Defendants, Bombardier, Inc., Bombardier Motor Corporation of America, Bombardier
Motor Corporation of America, Inc., and BRP US Inc., by counsel Eric L. Kirschner, move for
an automatic extension of time and show the court that said defendants were served on July 5,
2005; that the original response is due by August 5, 2005.
Pursuant to local rule 5.1(D), defendants are GRANTED an additional 30 days up to and
including August 5, 2005, to file their responsive pleading.
Eric L. Kirschner (5225-45)

ekirschner@bkslegal.com
Attorney for Defendants Bombardier, Inc.,
Inc., and BRP US Inc.
Beckman, Kelly & Smith

5920 Hohman Ave.
Hammond, IN 46320
(219) 933-6200
fax: (219) 933-6201
CERTIFICATE OF SERVICE
I certify that on the If..
day of July, 2005, service of a true complete copy of the foregoing
document was made upon all parties herein by depositing the same in the United States mail with
sufficient first class postage affixed.
Beckman, K~~!
BY:--.l....Dl!-!l"'-47-'---------
291980,vi /88-00001 - 2227·5

SHOTTS v. BOMBARDIER, INC. Et Al Complaint

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Case 1:05-cv-01049-DFH-TAB Document 1-1 Filed 07/18/05 Page 1 of 21

IN THE MARION COUNTY _ _ _ _ _ _ _ COURT

Plaintiff ) lf4{3;1 OSOCo CT Z4-q 41

BOMBARDIER, INC., d/b/a

COMPLAINT FOR DAMAGES

Complaint for Damages against Defendants in this cause of action:

1. Defendant Bombardier, Inc., is a corporation organized under the laws of Canada

Recreational Products, Bombardier Recreational Products, Inc., and BRP US Inc.

2. Bombardier Recreational Products ("BRP") was, at the times relevant to this

business in the United States and Canada.

3. Defendant Bombardier Recreational Products, Inc., ("BRPf') is a corporation that

including ATVs, in the United States and Canada.

4. Defendants Bombardier Motor Corporation of America was a division or other

and Wausau, Wisconsin.

5. Defendant BRP US Inc. ("BRPUS") is a corporation, organized under the laws of

6. All of the Defendants identified in paragraphs 1-5 were "manufacturers" as that

"the Bombardier Defendants."

7. The Bombardier Defendants developed, designed, manufactured, assembled, sold,

consumer" as defined in Indiana Code § 34-20-1-1.

which was an authorized dealer for the Bombardier Defendants.

the Quest 500.

named located in ;or near Laurel, Indiana.

that order, on a wooded trail at Haspin Acres.

were able to dislodge the ATV by pushing it free.

despite the friends' efforts to assist by pushing the ATY.

Quest 500 to pull Nick's ATV out of the ravine.

his nave] to the bottom of his feet.

flip over backwards suddenly and without warning when used in a

reasonably foreseeable manner;

for attaching a tow strap when users or consumers foreseeably

attempted to pull objects, including other ATVs;

(c) It was not sold with sufficient instructions and/or warnings

concerning the Quest 500' s high center of gravity, the likelihood of

to tip over backwards with a severe risk of serious injury or death;

the "Operator's Guide," and failed to place a warning of this hazard

on the Quest 500; and

(e) It was negJigently designed and manufactured.

manufactured and sold by the Bombardier Defendants.

injuries to, and paralysis of, Plaintiff Michael Shotts.

implied warranty of merchantability.

injuries described in paragraph 23.

relied upon this implied warranty of fitness.

injuries described in paragraph 23.

depefage in choice-of-laws analysis).

WHEREFORE. Plaintiff prays that judgment be entered against the Bombardier

PLAINTIFF'S REQUEST FOR TRIAL BY JURY

matter be tried before a jury.

NORRIS CHOPLIN & SCHROEDER, LLP

Peter A. Schroeder (# 1587-49)

Attorneys for Plaintiff

NORRIS CHOPLIN & SCHROEDER, LLP

IN THE MARION COUNTY COURT

APPEARANCE BY ATTORNEY IN CML CASE

Name: Peter A. Schroeder Atty Number: --..:1;..:::5~87:...-4..:.:9~_______

3. There are other party members: Yes ~

APPEARANCE FORMAT - CONTINUAnON PAGE

Fint Listed Party Member: ~MI~CHAEL~""""""-,G....,.,-"S=H....O,,T,"-,T....So<a..'=JR=-___________________

5. I will accept service by FAX at the above noted number: Yes.::L No

6. This case involves support issues. Yes __ No ~

7. There are related cases: Yes No_"'---_

NORRIS CHOPLlN & SCHROEDER, LLP

Peter A. Schroeder (1587-49)

Dated: _ _ _ _ _ _ _ _ _ By: ___________________

]. By delivering on the day _____________ , 20 a copy of this summons