PITTSBURGH – Counsel for a group of related scooter company defendants have filed notice of bankruptcy and are seeking a stay from litigation brought forward by a New York man, who said he fractured his collarbone after falling on an abandoned Spin-brand scooter on a Pittsburgh sidewalk.
Andrew Z. Tennenbaum of Buffalo, N.Y. first filed suit in the Allegheny County Court of Common Pleas on Dec. 11 versus Spin Scooter, Skinny Labs, Inc. (doing business as “Spin Scooter”) and Spin of San Francisco, Calif., Ford Motor Company of Dearborn, Mich., Tier Mobility SE of Berlin, Germany and Bird Global, Inc. of Miami, Fla.
“On or about Dec. 17, 2021, at approximately 9 p.m., plaintiff was lawfully operating his bicycle on the streets of Pittsburgh, Allegheny County, at or near the intersection of Federal Street and West North Avenue. At the aforesaid time and place, plaintiff was caused to fall from his bicycle to the ground, when his bicycle collided with a stray and unoccupied scooter, which scooter was the property of and under the control of defendant Spin and/or Spin Scooter, by and through the ownership of Spin at said time and place, which upon information and belief was by defendant Ford Motor Company. The said scooter was believed to have been earlier used by a Spin customer, who carelessly and negligently left the scooter in the pathway of bicyclists and pedestrians,” the suit said.
“At material times, the defendants Skinny Labs, Inc., Ford Motor Company and Spin/and or Spin Scooter maintained, operated and controlled a fleet of electric-powered scooters in and around the City of Pittsburgh, all of which were under the electronic and/or other surveillance, supervision and control of said defendant(s). At material times, defendants Skinny Labs, Inc., Ford Motor Company and Spin/and or Spin Scooter operated this business in the Commonwealth of Pennsylvania and the County of Allegheny as a profit-seeking venture. Alternatively, Ford Motor Company operated this business in the Commonwealth of Pennsylvania and the County of Allegheny as a profit-seeking venture. Alternatively, defendant Spin operated this business in the Commonwealth of Pennsylvania and the County of Allegheny as a profit-seeking venture.”
The suit added that defendant(s) Spin, Spin Scooter, Skinny Labs, Inc. and/or Ford Motor Company “negligently operated the scooter return aspect of this business in a haphazard and negligent fashion, and failed to manage the orderly return of its scooters to its custody, thereby proximately causing public hazards, public nuisance(s), and falling and collision hazards (including risks of personal injury) to walkers and bicyclists in and throughout the City of Pittsburgh, who would suddenly and unexpectedly encounter non-returned scooters while lawfully walking or bicycling on public ways in the City of Pittsburgh.”
“Upon information and belief, all of the Spin Scooters in operation in City of Pittsburgh were under 24-hour surveillance, monitoring and control by Spin, which surveillance, monitoring and control included the capability of Spin to know, at any moment of the day or night, the precise GPS coordinates of locations of such scooters. Plaintiff was one such bicyclist who encountered a Spin Scooter on the evening of Dec. 21, 2021 at the location hereinbefore pleaded,” the suit stated.
“At material times, defendants Spin, Spin Scooter, Skinny Labs, Inc. and/or Ford Motor Company had actual or, alternatively, constructive knowledge of the location of the stray scooter which caused the subject incident involving plaintiff herein, but took no action to retrieve what it knew or should have known was a stray scooter, all of which created a risk of physical harm to the plaintiff. As a proximate and direct result of the negligence of defendants Spin, Spin Scooter, Skinny Labs, Inc. and/or Ford Motor Company, the plaintiff has sustained serious and disabling injuries, including but not limited to a fracture of the left clavicle.”
UPDATE
Counsel for defendants Spin Scooter, Skinny Labs, Inc., Spin, and Bird Global, Inc. filed a suggestion of bankruptcy on March 11.
“On Dec. 19, 2023, Christopher Rankin (Chief Restructuring Officer of Bird Rides, Inc.) filed a bankruptcy petition under Chapter 11, United States Code, in the U.S. Bankruptcy Court, Southern District of Florida (Miami Division). In accordance with Section 362(a) of the Bankruptcy Code, the automatic stay is presently in effect,” the notice stated.
For multiple counts of negligence and nuisance, the plaintiff is seeking damages in excess of $50,000, together with costs of suit.
The plaintiff is represented by Gerard J. Jackson in Cherry Hill, N.J.
Defendants Spin Scooter, Skinny Labs, Inc., Spin, and Bird Global, Inc. are represented by Todd A. Gray and Steven D. Evans of Lewis Brisbois Bisgaard & Smith, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-23-014154
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com