Case details

Defense argued foreign object, not design, caused wheel to fail

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
brain, brain injury, cognition, dental, diplopia, double vision, face, facial, facial laceration, facial lacerations, fracture, fractured teeth, LeFort fracture, mental, nose, partial loss of, psychological, sensory, speech, traumatic brain injury, vision
FACTS
On Jan. 2, 2012, at approximately 10 a.m., plaintiff Eric Koff, 56, a vice president for a financial investment firm, was riding his bicycle on San Miguel Drive in Newport Beach when his front wheel collapsed. As a result, Koff was pitched over his handlebars, landing face- and head-first on the pavement. Koff sued the manufacturer of the bicycle’s front wheel, Bontrager Cycles Inc., and the company that purchased Bontrager, Trek Bicycle Corp. Koff sued for strict product liability, alleging the defendants were liable for the defective design of the subject front wheel. Bontrager was ultimately dismissed from the action. Thus, the matter continued against Trek Bicycle only. Koff’s counsel argued that the subject wheel — a Bontrager Race X Lite Aero — collapsed due to the wheel’s use of 16 spokes, an internal nipple, and an unsealed rim hole. Counsel contended that a paired spoke wheel required spokes that were highly tensioned, but that the subject wheel design promoted corrosion and fatigue. Counsel further contended that the defective design of the subject wheel caused one spoke to fail, which subsequently caused five other spokes to fail as Koff was riding along. Counsel for Trek Bicycle argued that the Bontrager Race X Lite Aero wheel was not defectively designed and that, instead, the accident was caused by a foreign object that became caught in the spokes, causing sudden deceleration of the front wheel and multiple spoke failures., Koff suffered a complicated, Grade III LeFort fracture, also known as craniofacial dissociation, which consisted of transverse facial fractures involving the maxillary bone, zygomatic arch and surrounding structures. He also suffered a mild traumatic brain injury, fractured teeth and facial lacerations. Koff was subsequently taken by ambulance to an emergency room, where he underwent a massive, six-hour facial reconstruction on the date of the accident. Koff then required three subsequent surgeries involving his right eye and dental work for his fractured teeth. Koff claimed he has scar tissue in his right eye, causing him to have 20 percent vision loss in that eye and causing him to suffer from diplopia, or double vision. He also claimed he has cognitive short-term memory loss associated with his mild traumatic brain injury, as well as facial asymmetry and residual facial numbness. However, Koff does not currently seek any future treatment for his . Koff claimed he suffered $7,500 in past lost earnings as a result of missing one month of work following the accident. He also claimed $61,000 in past medical costs, and sought recovery of approximately $3.4 million in damages for his pain and suffering. Koff’s wife, Phyllis Koff, initially filed a loss-of-consortium claim, but the claim was dismissed prior to trial. Counsel for Trek Bicycle did not dispute the nature or severity of Mr. Koff’s facial fractures and eye . Counsel also conceded that the amount of time Mr. Koff missed from work and the nature and extent of Mr. Koff’s past medical care were reasonable and necessary. However, Trek Bicycle’s counsel argued that Mr. Koff suffered a concussion that resulted in a mild traumatic brain injury, which did not create any long-term residual cognitive deficits.
COURT
Superior Court of Orange County, Santa Ana, CA

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