We are pleased to announce that, after being retained as appellate counsel, Durst Kerridge secured a major victory for our client in Sidloski v. Yamaha Motor Company.
The First District Court of Appeals reversed a grant of summary judgment against our client, sustaining all three assignments of error. A jury will now hear Ally Sidloski’s story, and Yamaha will face justice for her tragic and avoidable death.
A Deeply Meaningful Case
This case is about Ally Sidloski.
Ally was a 21-year-old junior at the University of Cincinnati, a soccer star who was selected for the UC Women’s Soccer Team and maintained a near-perfect GPA.
On May 22, 2021, while boating on East Fork Lake with friends, Ally tragically lost consciousness and drowned. A medical examination revealed that Ally had carbon monoxide intoxication. Experts have concluded that this intoxication was caused by the boat’s defective design and lack of warning, and Ally’s family sought justice for her death in bringing this suit against the boat manufacturer.
Ally comes from a wonderful family whose strength throughout this process has been truly inspiring. During the course of the appeal, our entire firm had the privilege of meeting Ally’s parents and watching one of Ally’s sister’s college soccer games with them. Ally’s sister, Coley, is also a standout player for UC.
The case was highly meaningful to our firm from the outset. Paul Kerridge is a former professional soccer player and longtime youth coach. Maddie Wilhoite played college soccer and actually competed against Ally in club soccer. One of Maddie’s close friends was on the boat when Ally died.
Trial Court Proceedings Below
Following Ally’s death, her estate filed products liability claims against Yamaha Motor Corporation, U.S.A., Yamaha Jet Boat Manufacturing U.S.A., Inc., and Yamaha Motor Co., Ltd. in the Hamilton County Court of Common Pleas.
The Estate alleged that Yamaha’s boat was defectively designed and that Yamaha failed to adequately warn passengers about the dangers of carbon monoxide poisoning.
After extensive discovery—including numerous expert reports and many depositions—the trial court granted summary judgment to Yamaha, dismissing the entire case.
Specially Retained on Appeal
Durst Kerridge was specially retained to handle the appeal, which always feels like a great honor. And even more so in this case, as our co-counsel are some of the absolute best:
- John Uustal of Kelley Uustal, PLC, based in Miami, one of the best products liability attorneys in the country
- Charlie Rittgers of Rittgers, Rittgers, & Nakajima, one of the top catastrophic personal injury firms in our region
- Bob Linton Jr. and April M. Bensimone of The Linton Law Firm Co., L.P.A., a Cleveland personal injury firm with an impressive array of major verdicts and settlements
The Appeal
Paul Kerridge was lead counsel and argued the appeal before a three-Judge panel. You can watch the oral argument here.
We raised three assignments of error, arguing that the trial court erred in granting summary judgment because genuine issues of material fact remained regarding: the proximate cause of Ally’s death; whether Yamaha failed to adequately warn passengers about carbon monoxide dangers while seated on the upper swim platform; and whether Yamaha’s boat was defectively designed.
The First District agreed with Ally on all three grounds.
Moving Forward
This victory means that Ally’s family will finally have their day in court. A jury will now decide whether Yamaha’s design choices—including outfitting the rear of the boat with cushions, cupholders, and radio controls, while failing to adequately warn passengers about lethal carbon monoxide levels in that area—constituted a defective and unreasonably dangerous product design.
In a follow-up blog post, we will provide more detail about the facts of the case and the legal issues the First District analyzed in reaching its decision to reverse the trial court’s judgment.
Click here to learn more about Ally, her legacy, and the amazing impression she left on those she knew.
About Durst Kerridge
Durst Kerridge has a proven track record of winning significant appeals. Our Appellate Practice is led by Paul R. Kerridge, who previously served as a Law Clerk to Justice Patrick F. Fischer of the Supreme Court of Ohio and Judge Chad A. Readler of the U.S. Court of Appeals for the Sixth Circuit.
We have achieved appellate victory at the highest levels, including wins that reversed multimillion-dollar judgments and secured favorable outcomes for our clients in complex commercial and civil litigation matters.
To contact Durst Kerridge, call (513) 621-4999 or reach out to Alex J. Durst or Paul R. Kerridge directly.
