The minor plaintiff in this product liability action was injured when he was thrown over the front handlebars of this bike when the fork assembly designed, manufactured and distributed by the defendants snapped while the minor was riding the bike. All defendants denied liability and argued the plaintiff misused the bike and caused the incident.
On or about September 24, 1999, the minor's father purchased an 820 Trek bicycle from defendant Scholl's. On October 1, 2005, the minor was carefully and with all due care riding his bicycle when suddenly and without warning the front fork assembly snapped at the threads causing the minor to be thrown over the handlebars and sustain injuries.
The plaintiffs argued that the defendants Trek and Spinner negligently designed, manufactured, assembled and sold a bicycle with an inadequate fork assembly, failed to properly test the fork assembly, and failed to warn of the dangers of the front fork assembly. The plaintiffs also alleged that the defendant store where the bike was purchased was negligent for selling a bicycle with an inadequate front fork assembly and failing to warn the plaintiffs of the dangers of the front fork assembly.
As a result, the plaintiff suffered a closed fracture of mandibular symphysis, a closed fracture of malar/maxillary bond and an open tooth and gum wound. All defendants denied all liability and argued that the plaintiff misused the bicycle, made alteration to the fork assembly, assumed the risk and was comparatively negligent.
The parties settled for a lump sum payment of $ 67,500.
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