Parents sue UTV-maker Polaris after child’s arm is amputated due to Middle Georgia crash

The parents of a child whose left arm was amputated after a utility task vehicle that the child was riding in rolled over during a crash last month are suing the UTV-maker Polaris in federal court in Macon for unspecified damages.

The wreck happened in Washington County on April 4, according to the lawsuit, which was filed May 12 in U.S. District Court here.

The parents, Michael and Kristen Pain, of Forsyth County in northern Georgia, contend that the cab of the 2015-model, 900-series Polaris should have been equipped with “a safety net” to “retain the operator and the operator’s upper extremities ... in the event of a foreseeable roll over event.”

The child, who was identified only as “a minor” and by initials, was said to have been “operating” the Polaris “when it flipped on its side,” the lawsuit states. “(The child’s) left arm did not remain inside the operator’s cab as the ATV flipped, causing (the child’s) left arm to be severely injured and amputated above the elbow.”

The lawsuit goes on to contend that the “plaintiffs are entitled to an award of special and general damages in an amount to be determined at trial by a jury of their peers.”

A lawsuit represents only one side of a legal argument.