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.
You ever ride the Hotter'N Hell Hundred?
Rode it '95 and '96 and then took 7 years off. Rode it again in '04 and '05 - killer ride. The last 2 years were amazingly cool. In '04, they were apologizing for the weather when we finished. 85 degrees on the Saturday before Labor Day. >p>regards - red
We will just have to agree to disagree on that point.
These practices are illegal but their has been no enforcement in 20 years in this country.
And whose fault is that? If a law is not being enforced, what is the point of having it on the books? If Walmart, or anyone for that matter, is breaking the law they should be prosecuted to the fullest extent of the law.
I make jelly, by purchasing my most used ingredients (sugar, vinegar, and pectin) in WalMart I have cut my costs by $5 a case, this allows me to cut my price and still maintain my same profit. I purchase my jars from a local home/garden center/hardware store that I was referred to by a WalMart manager, because WM only carries them as a seasonal product, and the garden center carries them year round, and at a lower price than WM.
That referral to a local (10 miles away) small business by someone in WalMart was not the first time for me. I've actually discovered more small local businesses through WM referrals than I would have found on my own. If that is not good community relations, I don't know what is.
Good for you.... I'd need a tow car and a rope to make it I'm afraid, especially up some of those long hill climbs. I love to ride but strictly on the flat ground and really just for aerobic conditioning.
I had a very expensive Trek mountainbike stolen. I needed something to get to work in so I bought a bike from Walmart. It's been going ever since and I never had a problem with it. That said, I want a serious bike again and I'll be going to my local bike builder and not to Walmart. Whoever assembled my Walmart bike, knew what they were doing since it's just a ladies touring bike but I go over curbs, rocks,etc. *LOL*
LOL, maybe you should be using the screen name Fred Flintstone.
red
You must not be aware of the unwritten rule........WalMart bashers are not required to provide facts or sources to back up their claims.
I think I could do it with a little serious training. I'm aware of the other rides associated with the event. As I said I mostly ride for aerobic conditioning.
Have a nice one.
I remember the "no brakes" days. We used our feet if our brakes didn't work and they often didn't. I also remember my brakes failing and sliding on the pavement after riding fast downhill in front of my house. The pavement took the skin off the right side from the shoulder to the ankle. My brother broke his collar bone after his brakes "failed". Shoot, looks like we could have been rich. Of course, we didn't play "in traffic" as we had better sense as did our parents who taught us not to.
I just had a 30 year flash-back! Working my way thru college, I was a bike mechanic at a Schwinn Shop. Those hubs were fun to take apart and rebuild! LOL
Whoo-hoooooo! Our son is hurt! It's pay day!
Our ship has come in, I tells ya!
Oh bother...
"You ever ride the Hotter'N Hell Hundred?"
Do they still have that event? It's been years since I last rode in it but it was one of the best run bicycle events that I have ever attended. We went every year for quite a while.
Pretty much, yeah. Only a couple of higher end manufacturers produce frames in the US. A couple more source out of Taiwan. But beyond that, it's all China. I'd give you 50-1 odds the bike in question was made in China.
" The brakes did not fail. The kid did not use them."
I'm thinking the kid was used to bikes with pedal brakes and had never used hand brakes before. I did the same thing when I first rode an English bike back in the 60's. I backpedaled like hell and ran tight through a hedge. Good lesson. Bloody but good.
Exactly--some people are whiners, victims, litigators and other people just deal.
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