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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 drake
I have a Raleigh Superbe. Its a utility bike with North Road upright handlebars and is considered the finest bicycle ever built by Raleigh, in its heyday the Microsoft of the bicycle industry. Its much the same as when it was made but I upgraded the wheels from the hard to find 590mm to the standard 700mm used on modern road bikes/hybrids and installed a Shimano seven speed Nexus internal hub to supplant the venerable Sturmey Archer 3 speed one. And it has the classic B66 Brooks leather saddle. In all, in my collection, its my favorite bike because its a classic and one no longer in production.

(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie. Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")

61 posted on 01/16/2006 4:41:01 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Reform4Bush

If you have a $100 in your pocket and thats it...then Wal-Mart is the only place to buy the bike. But if you want a bike that last five years....then I'd spend the $200 and go elsewhere.


62 posted on 01/16/2006 4:41:52 AM PST by pepsionice
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To: mlc9852

The reality is that there is not enough information in this article to justify any conclusions as to the merits of this particular lawsuit. It therefore acts as a projective test on what stereotypes readers have of the key actors. It appears that the Freepers have a somewhat more negative assessment of the motives and ethics of lawyers like Gary Brewer than they do a parent like Mrs. Burton, young boys who ride their sister's bikes like Eric Burton, large retailers like Walmart, and manaufacturers like Pacific Cycle and the Dorel Juvenile Group. You on the other hand appear to have a stereotypic view that the facts in a lawsuit are likely to be true.

My guess is that Judge Alito would be a bit more circumspect. Senators Kennedy and Schumer, of course, would advocate awarding the little boy triple damages because he is a little boy and was injured in someway - and besides Walmart deliberately sold a bike with faulty brakes and besides is just too big to deserve any consideration. But there again I am doing the stereotyping bit.


63 posted on 01/16/2006 4:43:00 AM PST by bjc (Check the data!!)
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To: The_Media_never_lie

Are Roadmasters manufactured in China now?


64 posted on 01/16/2006 4:43:14 AM PST by mlc9852
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To: Wolfie

Point taken, just trying to enlighten parents to a view widely held among cyclists.

You really don't want your kid on a bike assembled at a WalMart. At least bring it to a bike shop for a tune-up before letting them ride it. It might still be crap, but at least it will be safer crap.

Although it seems WalMart probably is selling some higher end bikes lately, specifically the Pacific brand in question. Probably a result of an otherwise solid company producing an inferior product to meet a demand.


65 posted on 01/16/2006 4:43:38 AM PST by Reform4Bush
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To: AmericaUnited
...noticed some decent looking mountain bikes for $75.

I've only looked idly at bikes at Walmart, but it did appear that there was a range of prices and varying degrees of quality in the bikes displayed. I'm not saying that some are not junk, but the anti-Walmart bias is being manifested, even on Free Republic.

66 posted on 01/16/2006 4:44:30 AM PST by luvbach1 (Near the belly of the beast in San Diego)
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To: beaversmom
Elizabeth Burton, 625 S. Armstrong St., Rogersville, is the mother of Eric Burton.

After the accident young Eric Burton commented; "I met my first love at thirteen, She was brown and I was pretty green And I learned quite a lot when I was young.
When I was young Pain more painful Laughter much louder Yeah, when I was young

67 posted on 01/16/2006 4:44:37 AM PST by The Brush
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To: bjc

Did you read my post where I stated the facts would come out in discovery? I have no more facts that what the article states and have not offered any opinion as to the merits of this particular suit.


68 posted on 01/16/2006 4:45:13 AM PST by mlc9852
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To: john drake

You broke my heart! I had a Schwinn when I was six. Let's see, that was 45 years ago. My Dad put blocks on the pedals so that I could reach them. I had that bike for years and don't remember if I ever wore it out or not. I love to ride, even at 51, and would like to get a really nice bike someday when I have more time to ride. I ride enough to keep in shape but not as much as I would like. I have to ride a mountain bike in these hills and good ones are very expensive.


69 posted on 01/16/2006 4:45:39 AM PST by Melinda in TN
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To: bjc

And how old is the boy?


70 posted on 01/16/2006 4:45:40 AM PST by mlc9852
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To: beaversmom
I did think these new Schwinn Stingrays were pretty cool, compared to what there was in my bike riding days.


71 posted on 01/16/2006 4:45:43 AM PST by AmericaUnited
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To: mlc9852

I missed your point on discovery. I apologize. However, you still appear to be fighting a lonely battle against the predominant stereotype Freepers have of lawyers.


72 posted on 01/16/2006 4:49:47 AM PST by bjc (Check the data!!)
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To: mlc9852
Well, I need caffeine, but brakes failing IS the fault of the driver. He should have known the the condition of his brakes before he mounted it and had them fixed BEFORE driving it.

Any professional driver has a pre-trip inspection that he performs before even starting the vehicle. He checks every lug nut, every steering part, every brake part, all the lights, all the safety gear, fire extinguisher, and flares. He does a complete walk around looking underneath the vehicle for any fluid leaks or hanging exhaust parts. This insures his vehicles safety on the road and is a practice that should be followed by every driver on the road. There are too many oblivions to fight.......but you cant take the responsibility away from the driver in the end.
73 posted on 01/16/2006 4:49:54 AM PST by halfright (3 Days post Hanoi (Jihadi) Jane... 2200hrs meeting to urinate on her grave...Semper Fi !)
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To: Melinda in TN

Loved my Schwinn Traveler (was that the name?). The one with the chrome fenders. Before that I had an old, no-chain-guard Hawthorne which, at 12, I rode head-long down a steep and bumpy hill in Lincoln Park, Chicago--no helmet, minimal brakes.


74 posted on 01/16/2006 4:50:46 AM PST by luvbach1 (Near the belly of the beast in San Diego)
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To: AmericaUnited

Ever sat on one of those new Stingrays?

That's a lawsuit waiting to happen.

And what ever happened to Dad putting together Junior's bike christmas night....

Maybe he did?


75 posted on 01/16/2006 4:52:41 AM PST by usmcobra (Liberal=progressive...Conservative="Retro?" That's way cooler than being just a Neo-con!)
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To: Havoc

Havoc...


76 posted on 01/16/2006 4:53:13 AM PST by kinsman redeemer (the real enemy seeks to devour what is good)
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To: luvbach1
but the anti-Walmart bias is being manifested, even on Free Republic.

Look how ridiculous this statement is:

Thanks to republicans and democrats alike, in many communities, a Walmart may be the only opportunity available to some people after the local bicycle shops closed due to pricing competition.

Some Freeper thinks 'BIG GOVERNMENT' should somehow step in and pass laws to keep Walmart from opening up a store and selling at the lowest prices possible, to prop up a few businesses. So 10,000 consumers have to pay much, much more for everything so a few Mr. Potters can keep prospering at everyone else's expense.

77 posted on 01/16/2006 4:53:13 AM PST by AmericaUnited
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To: mlc9852

If the buyer did not check out brakes and steering and chain before the kid rode the bike it is the parents' fault. WalMart owes them the price of the bicycle or a new one.


78 posted on 01/16/2006 4:53:40 AM PST by arthurus (Better to fight them OVER THERE than over here.)
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To: mlc9852

The brakes failed because the kid probably did not put them on. He probasbly did what most kids do and I did most of the time when comming to an intersection, take a quick look and run it.


79 posted on 01/16/2006 4:54:06 AM PST by John D
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To: beaversmom
In the instruction books it almost always says to check the bike over before riding it. Sad someone didn't check the brakes.

When I get a new bike for the grandkids it always get thoroughly checked out before they take off on it. Ususally something is loose or out of adjustment, and it only takes a second or two to fix.

80 posted on 01/16/2006 4:54:54 AM PST by Smokin' Joe (How often God must weep at humans' folly.)
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