Factual and Procedural Background
In December 2016, Chad Defries’ wife bought a Yamaha dirt bike for her husband as a Christmas present. Mr. Defries first rode the bike one month later. He took it out a second time on Feb. 2017 with two friends, including Johnny Kitchin and Johnny Butcher. The trio decided to ride their bikes at a dirt bike course in Perris. While riding through a portion of the course that consisted of a series of small hills, the throttle on Defries’ motorcycle fell off the handlebar, causing the handlebar to turn to the left and Defries to fall off the bike in a motorcycle accident. Defries broke his right femur, suffered a separated shoulder, and suffered a hernia. Butcher and Kitchin both testified that they saw the throttle hanging off of the bike detached from the handlebar when they loaded the bike in their truck.