Case details

Plaintiff: Failure to tighten nut on bicycle resulted in knee injury

SUMMARY

$443370.56

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anterior cruciate ligament, knee, lateral meniscus, medial meniscus, meniscus, tear
FACTS
On Aug. 13, 2009, plaintiff Joseph Edwards, 32, a senior project coordinator in the information technology field, went to JAX Bicycle Center in Long Beach to purchase a new bicycle. Edwards, who stood 6-foot, 3-inches tall and weighed approximately 325 pounds, asked a salesman to recommend a bicycle for someone of his size, and was recommended an Electra Townie 3i cruising-hybrid bicycle. However, when he test rode the bicycle in the parking lot by standing up on the pedals and pedaling, the rear wheel suddenly and without warning shifted forward, causing the chain to derail. As a result, Edwards’ left leg unexpectedly slammed straight down into the ground, him. According to counsel for Electra Bicycle Company, LLC, the subject bicycle was sold shortly after the accident and was not available for inspection. Electra’s counsel also noted that plaintiff’s counsel contended that Edwards was entitled to a spoliation instruction against JAX, and it was granted by the court because of JAX’s alleged sale of the subject bicycle after receiving an anti-spoliation letter from plaintiff’s counsel. Edwards sued Hands On Bicycles Inc., which was doing business as JAX Bicycle Center, and Electra Bicycle Company, LLC. He alleged that the defendants defectively designed and manufactured the bicycle, as well as failed to warn about the weight limit of the bike. However, Edwards dismissed the products liability claim against Hands On Bicycles at trial. Thus, the plaintiff pursued only a negligence theory against Hands On Bicycles, and the products liability theories against Electra remained. Plaintiff’s counsel contended that Hands On Bicycles was negligent for failing to know the 300-pound weight limit on the bicycle and failing to warn Edwards about this limit. Counsel also contended that Hands On Bicycles was negligent for allowing unqualified salesmen to do the final build on its bicycles and for failing to inspect the bicycle before the test ride. Edwards’ counsel contended that Electra was strictly liable for the defects in its product. Specifically, counsel contended that the subject bicycle was defectively designed by Electra installing a flat washer between the serrated flange nut on the rear wheel and the frame, which caused the wheel to shift under the load. Plaintiff’s counsel also contended that the subject bicycle contained a manufacturing defect when it left the factory because the nuts on the rear wheel were not torqued to Electra’s own torque specifications of 45 newton-meters. Hands On Bicycles denied any negligence and pointed out that the rear wheel of the subject bicycle was attached by Electra in its factory. Thus, its counsel argued that Electra was at fault for any alleged problem with the nut on the rear wheel not being tight enough. Counsel for Hands On Bicycles also argued that Electra’s inclusion of a flat washer on the rear wheel caused or contributed to the incident. In addition, counsel argued that Edwards was comparatively negligent for riding the subject bicycle in a manner that was not reasonably anticipated, as the force on the bike’s rear wheel was not anticipated. Electra denied that its product was defective, and pointed out that it had sold 80,000 Townie 3i bicycles without any other similarly reported incidents or claims. Electra’s counsel argued that the incident occurred because the nuts on the rear wheel were not tightened properly by Hands On Bicycles. Counsel noted that management for Hands On Bicycles acknowledged that they were aware that the rear wheel could be knocked out of alignment or “true” during shipment and, thus, that it was responsible for ensuring that the rear wheel was tightened to the recommended torque. Electra’s counsel further argued that pursuant to its written dealer agreement with Hands On Bicycles and industry practice, Hands on Bicycles was to ensure that all nuts were tightened before a bicycle was provided to a customer. As a result, counsel argued that the incident was caused solely by the negligence of Hands On Bicycles., Edwards injured his left leg when he slammed it straight down into the ground. As a result, he had a friend pick him up and drive him to a hospital emergency room that day. Edwards sustained a torn anterior cruciate ligament, and torn medial and lateral menisci in his left knee. He subsequently underwent surgery on Sept. 11, 2009. Following the knee surgery, Edwards was out of work for three months. He claimed that despite the procedure, he continues to have popping and clicking in his knee, which made it uncomfortable for him to do the things he did before the accident. At trial, it was undisputed that Edwards would need a left knee replacement at some point in the future. However, he claimed that he would also need at least one revision surgery, thereafter. Thus, Edwards claimed past medical expenses of $31,910.56, past lost earnings of $12,960, future medical expenses of $35,000 to over $200,000, and future lost earnings of $17,280 to $103,680. Thus, plaintiff’s counsel asked the jury to award Edwards a total of $2.2 million, inclusive of past and future non-economic damages. Counsel for each defendant disputed the nature and extent of Edwards’ and damages. They also disputed Edwards’ claim that he would require at least one revision surgery in the future.
COURT
Superior Court of Los Angeles County, Long Beach, CA

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