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Wal-Mart, bicycle builder named in $900,000 lawsuit
Kingsport Times-News ^ | January 16, 2006 | JEFF BOBO

Posted on 01/16/2006 3:27:57 AM PST by beaversmom

ROGERSVILLE - The mother of a Rogersville boy who was injured in an accident last year on a new bicycle has filed a $900,000 lawsuit against the bike manufacturer and Wal-Mart, where the bike was purchased.

Elizabeth Burton, 625 S. Armstrong St., Rogersville, is the mother of Eric Burton, who was injured in an accident on Jan. 9, 2005. The boy's sister had received the Roadmaster Mountain Sport bicycle as a Christmas present from their father.

According to the lawsuit filed on behalf of the Burtons by Morristown attorney Gary E. Brewer, on Jan. 9 of last year Eric Burton was riding his sister's new bike on South Armstrong Street, but as he approached the Broadway Street intersection the brakes failed.

The bike didn't stop and continued onto Broadway Street into the path of an oncoming vehicle which had the right of way, the lawsuit alleges. The lawsuit further contends that as a result of the accident Eric Burton was severely injured, was hospitalized and will undergo continuing medical treatment.

Aside from Wal-Mart, the other defendants in the lawsuit include Pacific Cycle, Inc., based in Wilmington, Del., as well as its parent company Dorel Juvenile Group, Inc., which is to be served with the lawsuit in Columbus, Ind.

The lawsuit alleges that Pacific Cycle manufactured the bicycle in a defective condition, making it unsafe. The lawsuit also alleges that Wal-Mart assembled the bicycle.

"The defendant (Wal-Mart) assembled and sold the bicycle in an unsafe condition and design when they knew or should have known by the exercise of ordinary care that the bicycle would be subject to failure," the lawsuit alleges.

The lawsuit seeks $750,000 for injuries and damages and another $150,000 for medical expenses. The defendants have 30 days from the Jan. 6 filing date of the lawsuit to either file a response or seek a time extension.


TOPICS: Miscellaneous; US: Tennessee
KEYWORDS: lawsuit; lawsuitlottery
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To: John D
I doubt he'll get that much but you never know. And without knowing details of what happened and why, I have no idea how much he should get, if any. But the article has brought out some Wal-Mart bashers.
101 posted on 01/16/2006 5:17:56 AM PST by mlc9852
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To: rednek
After reading what some, but not I, would conclude is a "racist rant," I have to ask:

1. How do you know the assemblers were Mexican?

2. How do you know that they were working on contract basis as opposed to being hourly employees?

3. How do you know that they were being paid $6.00 per bike?

4. Even if you can provide reasonable answers to 1,2 and 3, how do you know that this is a representative sample of what you can find at Walmart as opposed to your sample of 1?

"Nuff said" indeed.

102 posted on 01/16/2006 5:18:43 AM PST by rebel_yell2
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To: sphinx

So BOTH brakes failed! Double the damages!


103 posted on 01/16/2006 5:18:45 AM PST by mlc9852
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To: Havoc

When you buy a bike from Walmart, like it or not, you get what you paid for.

#####

A message being lost on many in our cuntry. I heard a discussion about a class action lawsuit against Wal-Mary by parents who bought bikes with quick release front wheels, whose wheels have come loose while in motion.

One father phoned the show to say that he bought a bike like this for his son and told the son to assemble the bike, because the father did not know that sort of stuff. This caller had a foreign accent and identified that he was a doctor at Johns Hopkins Hospital. The host of the show could not convince the caller that he had a responsibility to give his child something that he could not verify was safe.


104 posted on 01/16/2006 5:19:28 AM PST by maica (We are fighting the War for the Free World and the media is not on our side.)
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To: arthurus
I just asked my son if he checks the brakes on his bike each time before he rides it.

He says he does. So I asked him "Why?"

"So I don't kill myself."

He's six years old.

105 posted on 01/16/2006 5:21:34 AM PST by kinsman redeemer (the real enemy seeks to devour what is good)
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To: prisoner6

"The hot back then was to wear gloves with pads on the palms, reach over the handle bar and slow the bike by rubbing the pad on the tire"

Was that after you walked to and from school in 6' of snow, uphill both ways?


106 posted on 01/16/2006 5:22:37 AM PST by Rebelbase (Whew! Another year until the cursed green bean casserole strikes again!)
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To: beaversmom

"as he approached the Broadway Street intersection the brakes failed."


1) Probably poor journalist writing (big surprise), which should say "as he applied them, the brakes failed.

2) How do TWO sets of brakes fail at the same time?

3) I think an analysis of the bicycle will show that the kid failed to use the brakes correctly, if at all.


107 posted on 01/16/2006 5:23:06 AM PST by HighWheeler (I am not a vegetarian because I love animals, I am a vegetarian because I hate plants.)
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To: rebel_yell2
I did think it was a racist rant, started to reply, but thought, "What's the use?"
108 posted on 01/16/2006 5:24:58 AM PST by kinsman redeemer (the real enemy seeks to devour what is good)
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To: kinsman redeemer

you're raising your son to be smart I see. good job.


109 posted on 01/16/2006 5:25:14 AM PST by HighWheeler (I am not a vegetarian because I love animals, I am a vegetarian because I hate plants.)
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To: mlc9852
Everyone hates lawyers til they need one

Usually the only reason they need to hire one is because some jerk hired one first!

110 posted on 01/16/2006 5:28:06 AM PST by sausageseller (Look out for the jackbooted spelling police. There! Everywhere!(revised cause the "man" accosted me!)
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To: HuntsvilleTxVeteran

Not so much about playing in traffic but many towns have ordinances not allowing bike riding on the sidewalks.


111 posted on 01/16/2006 5:28:35 AM PST by OldFriend (The Dems enABLEd DANGER and 3,000 Americans died.)
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To: mlc9852
How do we know the kid even applied the brakes? Maybe he was trying to beat the vehicle that hit him. One of the first things a young driver of an automobile says after they missed the stop sign is, "the brakes didn't work".

Hope the brakes on this bike aren't messed up too much from the accident that they can see if they actually worked.

112 posted on 01/16/2006 5:29:20 AM PST by depenzz (My tastes are simple, I 'm always satisfied by the best)
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To: Ninian Dryhope

When I was a kid, I'd fly through stop signs all the time. I'm confident that's what happened in this case.


113 posted on 01/16/2006 5:32:22 AM PST by Theo
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To: acsrp38

I agree. I've bought several low price bikes and I always check them first thing. That's not enough though. Just like any vehicle, they must be checked periodically. No way I trust the kids I see working at Wal-Mart to assemble a bike.


114 posted on 01/16/2006 5:32:35 AM PST by Melinda in TN
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To: Reform4Bush

I agree...my son put bikes togethre for Walmart after 10 hours training...

BUt for most of us, we can afford 98 dollar bike at Walmart but not the 300 dollar at a bike store...

Especially since our boys tend to wreck the bikes fairly quickly


115 posted on 01/16/2006 5:34:11 AM PST by LadyDoc (liberals only love politically correct poor people)
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To: sausageseller

Yeah, like a spouse - lol.


116 posted on 01/16/2006 5:35:46 AM PST by mlc9852
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To: Theo

The defense will definitely want you on their jury!


117 posted on 01/16/2006 5:36:49 AM PST by mlc9852
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To: NoControllingLegalAuthority
If walmart assembled the bike and sold it that way they could be liable. That being said I would want every single medical receipt that mother has because 900,000 seems really high!

Let not all assume that She is lying (or that she is telling the truth) Walmart has good lawyers themselves and I am sure they will do their job..
118 posted on 01/16/2006 5:37:26 AM PST by N3WBI3 (If SCO wants to go fishing they should buy a permit and find a lake like the rest of us..)
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To: G.Mason

Thats what I want to know, but the 150K for medical is not nearly as interesting as 750K for medical expences..


119 posted on 01/16/2006 5:38:26 AM PST by N3WBI3 (If SCO wants to go fishing they should buy a permit and find a lake like the rest of us..)
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To: beaversmom

1/2 price should not equal 1/2 quality/safety, but, sometimes it does. Parents/buyers/lawyers beware.


120 posted on 01/16/2006 5:39:50 AM PST by showme_the_Glory (No more rhyming, and I mean it! ..Anybody got a peanut.....)
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