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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: beaversmom

As a bicyclist, I won't shed a tear if Pacific cycles goes belly up. The stuff they sell is crap. They even bought Schwinn, a formerlly great American bike and started badging ever more crap with the Schwinn name. It's not criminal, but it should be.


221 posted on 01/17/2006 9:04:23 PM PST by Melas (What!? Read or learn something? Why would anyone do that, when they can just go on being stupid)
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To: son of caesar

Pacific is the manufacturer. The factory itself might happen to be in China, but it's owned by Pacific.


222 posted on 01/17/2006 9:05:10 PM PST by Melas (What!? Read or learn something? Why would anyone do that, when they can just go on being stupid)
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To: Havoc
When you buy a bike from Walmart, like it or not, you get what you paid for.

Exactly. The pedals and shoes for any of my bicyles costs more than a Wal-Mart special, and the difference is that I can count on my bikes to not fail me in an intersection.

223 posted on 01/17/2006 9:06:38 PM PST by Melas (What!? Read or learn something? Why would anyone do that, when they can just go on being stupid)
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To: prisoner6
Brakes on a bike? wimps. In the days when I rode, my bikes rarely had brakes...if the did I rarely used them and that's in the hills of Pittsburgh. 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.

You have got to be kidding. I can't imagine that providing much stopping power. My full-suspension mountain bike has hydrolic disc-brakes with 6" rotors. Even GOOD v-brakes that cost more than any Wal-Mart bicycle by themselves aren't sufficient for some applications.

224 posted on 01/17/2006 9:08:50 PM PST by Melas (What!? Read or learn something? Why would anyone do that, when they can just go on being stupid)
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To: Reform4Bush
Wal-Mart is not a good place to buy a bike. They are junk, and they generally don't have an experienced bike builder assembling them. When it is time for you or your child to get a bike, go to a professional bicycle shop. There is a huge difference in the quality of the bikes, parts and the service you receive

That was worth repeating in bold. Truer words were never spoken.

225 posted on 01/17/2006 9:10:04 PM PST by Melas (What!? Read or learn something? Why would anyone do that, when they can just go on being stupid)
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To: Pikachu_Dad
End result: WalMart stops selling bikes.

It would be doing the country a favor if Wal-Mart quit selling the crap they sell as bicycles.

226 posted on 01/17/2006 9:10:46 PM PST by Melas (What!? Read or learn something? Why would anyone do that, when they can just go on being stupid)
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To: Nathan Zachary

Most parents don't have a clue as to how to inspect a bicycle. Most cyclists aren't particularly good at it either. That's how bicycle shops get away with charging $100 for tune ups.


227 posted on 01/17/2006 9:14:46 PM PST by Melas (What!? Read or learn something? Why would anyone do that, when they can just go on being stupid)
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To: deport

I plan on riding the Hotter 'N Hell 100 this year. While I'm first and foremost a mountain biker, I've made it a goal to ride a century this year.


228 posted on 01/17/2006 9:16:52 PM PST by Melas (What!? Read or learn something? Why would anyone do that, when they can just go on being stupid)
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To: goldstategop

You know, I've often wondered why bike shops don't attack the "one size fits all" department/toy store philosophy. Most people don't even know that real bicycles come in different sizes.


229 posted on 01/17/2006 9:19:32 PM PST by Melas (What!? Read or learn something? Why would anyone do that, when they can just go on being stupid)
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To: Melinda in TN

If you love your grandaughter at all, you won't let her actually mountain bike on a cheapie bike. They're suitable (barely) for slow neighborhood crawls, but off-road they're accidents waiting to happen, and mountain bike accidents can be painful and crippling.


230 posted on 01/17/2006 9:21:42 PM PST by Melas (What!? Read or learn something? Why would anyone do that, when they can just go on being stupid)
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To: john drake

You're correct. Schwinn is now just a badge to slap on complete junk.


231 posted on 01/17/2006 9:23:45 PM PST by Melas (What!? Read or learn something? Why would anyone do that, when they can just go on being stupid)
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To: goldstategop

Exactly. I have a 49cm Lemond Reno, a 13" Gary Fisher Hoo Koo E Koo and a 13" Gary Fisher Cake. Each bike fits me like an absolute glove.


232 posted on 01/17/2006 9:25:23 PM PST by Melas (What!? Read or learn something? Why would anyone do that, when they can just go on being stupid)
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To: Havoc
A parent didn't take the time to ensure that the bicycle was in proper operational condition so it's someone else's fault the kid got hurt...

That was my thought, too. I don't know the particulars, but if I'm buying a bicycle for my kid, I'm going to check it thoroughly before I let my kid ride it. Especially if it was assembled by someone at a discount store.

233 posted on 01/17/2006 9:28:24 PM PST by Rocky (Air America: Robbing the poor to feed the Left)
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To: AmericaUnited
Oh please! I was walking by the bikes in Walmart the other day and noticed some decent looking mountain bikes for $75

There was nothing decent about those bikes for $75. $300 minimum for the most rudimentary, entry level, hard tail mountain bike. That's the absolute minimum for any off-road use. Anything less and your risk of bodily injury goes through the roof. My tires alone cost more than those bikes.

I don't want to pay $400 for the same bicycle from some little bike shop

And you won't. Even the cheapest bikes in the bike shop have vastly superior components and frames than the department/toy store bikes.

What really torques me off are the mountain (looking) bikes sold in department/toy stores with tiny print stickers that read, "Not for off-road use". You have no idea how many idiots we see every month that have hurt themselves seriously on these bicycles attempting to navigate off-road trails.

234 posted on 01/17/2006 9:32:11 PM PST by Melas (What!? Read or learn something? Why would anyone do that, when they can just go on being stupid)
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To: luvbach1
It's nothing to do with Wal-Mart bashing. You simply cannot get a good bicycle for $75 unless you're buying a used bike for a song. You get what you pay for. When the ground is four or five feet beneath me, I'm going 25 miles an hour, and I'm coming quick, the last thing I want to be worried about is if my bike is going to let me down.

If you're going to crawl around the block at 6mph, then maybe a department store bike will be ok, but that's about the absolutely limit of usage.

235 posted on 01/17/2006 9:35:57 PM PST by Melas (What!? Read or learn something? Why would anyone do that, when they can just go on being stupid)
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To: Reform4Bush

If I could figure out how to true rims with straight pull spokes, I'd save myself enough cash every year to take a cruise. That or I need to ditch the XC wheels and just buy a set of Rhyno-Lites and be done with it.


236 posted on 01/17/2006 9:40:21 PM PST by Melas (What!? Read or learn something? Why would anyone do that, when they can just go on being stupid)
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To: rebel_yell2

If they're that sensitive, I'm willing to bet that you have mechanical disc brakes. I just upgraded to Hayes Hyrdolics and man, the difference is amazing. You can really modulate the hydrolics without any fear of over braking...unless you really want to over brake, then the power is definately there.


237 posted on 01/17/2006 9:41:53 PM PST by Melas (What!? Read or learn something? Why would anyone do that, when they can just go on being stupid)
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To: LadyDoc

That's the beauty of quality. The better the bike, more likely it will survive a crash. Get a kid something like a Specialized P3 or a Fisher Mullet and you have a bike that will survive the wrecks your kids don't.


238 posted on 01/17/2006 9:49:45 PM PST by Melas (What!? Read or learn something? Why would anyone do that, when they can just go on being stupid)
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To: RouxStir

Well said. The best part about my new bike is the sticker that says "HAND BUILT IN THE USA".


239 posted on 01/17/2006 9:53:12 PM PST by Melas (What!? Read or learn something? Why would anyone do that, when they can just go on being stupid)
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To: Lancey Howard

The coaster brake is the worst invention ever. V-Brakes and disc brakes (both hand brakes as you call them) are superior in every way imaginable.


240 posted on 01/17/2006 9:57:20 PM PST by Melas (What!? Read or learn something? Why would anyone do that, when they can just go on being stupid)
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