PHILADELPHIA – The son of a man who suffered cardiac arrest at a cyclocross event, which was allegedly without proper and immediate medical equipment and treatment, and then died three days later has filed a wrongful death lawsuit against the both the organizers and sponsors of the event.
Ryan Wigmore (individually and as Executor of the Estate of Frank P. Wigmore Jr.) of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on April 12 versus USA Cycling, Inc. of Colorado Springs, Colo., Andy Taus (doing business as “Limestone Cross At The Kiln”) of Allentown, David Miller (also doing business as “Limestone Cross At The Kiln”) of Bethlehem, Gotham Cyclists, Inc. of Catasauqua, South Mountain Cycle & Café, LLC, and Markus Bowman (doing business as “South Mountain Cycles”) both of Emmaus.
On Dec. 11, 2016, 67 year-old Frank Wigmore Jr. suffered cardiac arrest after he suddenly collapsed while riding on the course, in anticipation of participating in a lengthy cyclocross (“CX”) race, namely, the 7th Annual “Limestone Cross At The Kiln”.
The race’s permit was issued by USA Cycling, Inc., with organizers consisting Andy Taus and David Miller, and sponsors consisting of Gotham Cyclists, Inc., South Mountain Cycle & Café, LLC and Markus Bowman (doing business as “South Mountain Cycles”).
“For approximately 18 to 20 minutes following Mr. Wigmore’s collapse, he laid helpless and without oxygen, while bystanders attempted to initiate CPR and called 911,” the suit alleges. This was because, the suit says, the defendants failed to ensure than an automated external defibrillator (referred to as an “AED”) was present at the “Limestone Cross At The Kiln” event.
Upon EMS arrival on the scene, Frank was without a pulse, whereby a medical technician attempted to resuscitate him before securing his transport to Lehigh Valley Hospital, where he was hospitalized for three days.
On Dec. 14, 2016, Frank was pronounced dead with a diagnosis of cardiac arrest, high anion gap metabolic acidosis, lactic acid acidosis, acute respiratory failure with hypoxia, hydrocele, transaminitis, elevated troponin, anoxic brain injury hyperglycemia and acute pancreatitis.
The suit alleges his death was due to the careless and negligent conduct of the defendants, in their not providing proper rescue equipment and personnel on scene at the race, to immediately respond to Frank’s dire medical emergency.
For counts of negligence, survival and wrongful death, the plaintiff is seeking from the defendants separate sums in excess of $50,000 in compensatory damages, including delay damages, interest and allowable costs of suit.
The plaintiff is represented by Robert J. Mongeluzzi, Andrew R. Duffy and Michael A. Budner of Saltz Mongeluzzi Barrett & Bendesky, in Philadelphia.
Philadelphia County Court of Common Pleas case 180401585
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at email@example.com