Lake v. State Farm Mutual Automobile Insurance

¶1 The question in this case is whether a four-wheel all-terrain vehicle (ATV) is a “motor driven cycle.” The trial court answered yes, and so do we. Thus, we affirm.

Morgan, J. —

¶2 On August 10, 2001, Adina Lake was a passenger on an ATV that its owner, Shane Bergstrom, was driving on some sand dunes. She was thrown off and injured.

¶3 The ATV was a 1989 Yamaha Banshee. It had four wheels and was steered by using handlebars. It was ridden by straddling the engine on a long, narrow, saddle-type seat. It was powered by a two-stroke twin cylinder ATV engine which, according to Yamaha, “is a…