MEDIA – A man involved in an accident on his motorcycle about two years ago is involved in litigation against the shop that serviced his bike before the crash, claiming its negligence caused the accident – however, the company has countered that the circumstances of the accident were fully within the plaintiff’s control.
Stephen Mebert of Brookhaven first filed suit on March 13 in the Delaware County Court of Common Pleas, against Chester City Cycles of Eddystone.
“Prior to March 11, 2016, defendant performed service, maintenance, repair, modifications, installation and/or alterations on a Suzuki motorcycle owned by plaintiff. On or about March 11, 2016, plaintiff was operating same motorcycle for its intended use when plaintiff was caused to lose control of the motorcycle, resulting in an accident, thereby causing plaintiff to sustain serious and permanent injuries,” the suit states.
The plaintiff says the accident was caused by the defendant failing to properly perform service on the motorcycle, and the resulting accident led him to suffer serious and permanent injuries to his neck and pelvis, for which he suffered embarrassment, humiliation, pain, suffering, agony and inconvenience.
In an answer from Chester City Cycles filed on Nov. 9, it alleges Mebert was the only one responsible for the accident that seriously injured him, through his own contributory negligence.
“Plaintiff within one or two days prior to the alleged accident, purchased the motorcycle in question and had no, or minimal, experience in riding this particular motorcycle, as a result of which plaintiff caused the motorcycle to accelerate at a sudden and dangerous rate of speed and crash into a cinder block wall. Plaintiff had no motorcycle license, nor had he ever participated in the mandatory motorcycle training course prior to obtaining a motorcycle license, nor did plaintiff have any experience in the operation and/or riding of the motorcycle,” the defense’s answer states.
Chester City Cycles further states Mebert assumed the risk of injury on the motorcycle, when he failed to don the helmet and proper clothing that an experienced rider would wear to protect themselves in case of an accident.
An arbitration hearing in this matter originally scheduled for Feb. 14 was a granted a continuance until April 19, court records show.
For a lone count of negligence, the plaintiff is seeking damages not in excess of $50,000 in this matter.
The plaintiff is represented by Leonard K. Hill of Hill & Associates, in Philadelphia.
The defendant is represented by Charles G. Nistico of Media.
Delaware County Court of Common Pleas case 2017-002458
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com