PITTSBURGH – A Western Pennsylvania woman claims she was seriously injured by the electric scooter she bought on eBay, when its handlebars suddenly collapsed, causing her to lose her balance and fall, sustaining a right ankle fracture.
Kendra Fouse of New Kensington filed suit in the U.S. District Court for the Western District of Pennsylvania on July 7 versus eBay, Inc., of San Jose, Calif.
“On or about Aug. 20, 2021, plaintiff Kendra Fouse used eBay’s website to purchase an e-scooter. Plaintiff felt confident that she would receive a safe and quality product as eBay’s site encouraged its users, like her, to ‘shop with confidence’ and promoted a money back guarantee on its products. Defendant’s safety policies further bolster a sense of confidence in its users, like the plaintiff. On said date, the plaintiff located a user on eBay’s site under the name of ‘fast-trust’ which advertised what is believed to be an Iwheels brand, model X8 Electric Scooter,” the suit says.
“This model was specifically advertised as being a ‘safe’ product. Plaintiff purchased the X8 Electric Scooter and payment was submitted to eBay for the model in the amount of $359.82. Thereafter, plaintiff received the X8 Electric Scooter and began using it. The X8 model is a ‘foldable’ model that is designed to allow the handlebars to be folded down towards the foot stand of the scooter. To secure the handlebars in an upright position for use, the X8 model utilizes a ‘wingnut’ style component on the front of the handlebar shaft.”
In early September 2021, while riding the X8 model, the plaintiff says that its foot stand suddenly broke away from the wheel and handlebar portion of the e-scooter, and that the handlebar did not fold-down in this incident.
Using eBay’s messaging service, the plaintiff contacted “fast-trust” and reported the incident. The other user agreed to replace the scooter and sent what is believed to be an Iwheels brand, model D8 Pro e-scooter.
“The D8 Pro model was delivered to plaintiff on or about Nov. 24, 2021. The D8 Pro model is similar in color and appearance to the previous X8 model. However, the D8 Pro model utilized a different design component to secure the handlebars in an upright position during use. Instead of a ‘wingnut’, the D8 Pro model utilized a different mechanism to keep the handlebars upright and secure while in use. The plaintiff used the D8 Pro model e-scooter on several occasions, mostly for short trips around her town. Then, in the early morning hours of Dec. 13, 2021, plaintiff was operating the D8 Pro e-scooter on 11th Street in New Kensington, Westmoreland County, Pennsylvania. It was cold at the time; however, no rain, snow, or ice existed on the roadway,” the suit states.
“Although it was dark, the plaintiff had no trouble seeing the roadway ahead of her – the street was lit with some lights, the e-scooter was also equipped with a lamp, and the plaintiff was using an additional ambient light. As plaintiff operated the e-scooter on 11th Street, she came to a stop sign at the intersection with 4th Avenue. She brought the scooter to a stop and then proceeded forward safely along 11th Street. Shortly thereafter, without warning, the handlebars of the e-scooter collapsed suddenly, causing the plaintiff to lose her balance, crash to the street and sustain serious and permanent personal injuries.”
Those injuries included a tri-malleolar fracture of the right ankle and a surgical procedure to relieve the same injury, severe pain, swelling and numbness in the lower right extremity, in addition to others.
For counts of strict products liability (failure to warn), strict products liability (design defect), negligence and/or recklessness, breach of express and implied warranties and misrepresentation, the plaintiff is seeking the following reliefs:
• Compensatory damages including compensation for pain and suffering and physical injury, to the fullest extent permitted by law;
• Recovery of her loss of wages and her earning power and capacity that have been reduced and permanently impaired;
• Recovery of any and all out-of-pocket expenses;
• Punitive damages, monetary penalties and pre-judgment interest to the fullest extent permitted under the law;
• Litigation costs, expenses and attorney’s fees; and
• Any other further relief as this Honorable Court deems just and proper.
The plaintiff is represented by Lawrence Eugene Gurerra II of Gurerra Law, in Pittsburgh.
The defendant has not yet secured legal counsel.
U.S. District Court for the Western District of Pennsylvania case 2:22-cv-00997
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com