PITTSBURGH – A local man alleges that he sustained a litany of bodily injuries due to the negligence of a bicycle company, which he says caused him to fall off the defectively-manufactured bike he was riding on two separate occasions in 2022.
Jonathan Klonowski of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on April 12 versus Trek Retail Corporation of Pittsburgh and Trek Bicycle Corporation, Ltd. of Waterloo, Wis.
“On or about Dec. 14, 2019, plaintiff purchased a Trek Emonda SL Frame from Dream Bikes of Rochester. Thereafter, plaintiff purchased component parts from defendant Trek Retail located in Pittsburgh to install and/or incorporate on the Trek Emonda SL Frame. Defendant Trek Pittsburgh then assembled the component parts onto the Trek Emonda SL Frame, composing a bicycle,” the suit states.
“Plaintiff returned to defendant Trek Pittsburgh on multiple occasions in April of 2022, on or about April 2, April 6, and April 13, 2022, for service and/or repairs of the subject bicycle, including a bottom bracket repair and carbon epoxy repair. Defendant Trek Pittsburgh undertook the responsibility to service and/or repair the subject bicycle, and represented to the plaintiff that the subject bicycle was in a safe, ridable and operable condition. On or about April 16, 2022, plaintiff competed in a bicycle racing competition at the Dartmouth College in Hanover, New Hampshire wherein plaintiff rode, operated and competed in the race with the subject bicycle.”
The suit continues that during the race, the plaintiff was “operating the subject bicycle in an anticipated, intended, normal, reasonable and foreseeable manner when, suddenly and without warning, the subject bicycle failed, malfunctioned and/or stalled, locking and/or ceasing the subject bicycle from spinning, causing plaintiff to be aggressively thrown from the subject bicycle, fall to the ground, and sustain injury to his shoulder and damages.”
“Afterwards, plaintiff again returned to defendant Trek Pittsburgh to diagnose any and all issues with the subject bicycle and make repairs and/or service to the subject bicycle. Defendant Trek Pittsburgh undertook the responsibility to review the subject bicycle, and represented to the plaintiff that the subject bicycle was in a safe, ridable and operable condition. On or about May 25, 2022, plaintiff was riding the subject bicycle failed, malfunctioned, and/or stalled, locking and/or ceasing the subject bicycle from spinning, further causing the front derailleur cable of the subject bicycle to fray and/or lose tension,” the suit says.
“On or about May 26, 2022, plaintiff took the subject bicycle to defendant Trek Pittsburgh for service and/or repairs of the subject bicycle, including repair and/or service of the front derailleur cable. At all relevant times hereto, defendant Trek Pittsburgh undertook the responsibility to repair the subject bicycle, and represented to the plaintiff that the subject bicycle was in a safe, ridable and operable condition. Following those repairs and/or services, on or about June 10, 2022, plaintiff was riding the subject bicycle under anticipated, intended, normal, reasonable, and foreseeable use when suddenly and without warning the subject bicycle failed, malfunctioned and/or stalled, locking its crankset and/or ceasing the subject bicycle from operating properly, causing plaintiff to be aggressively thrown from the subject bicycle, fall to the ground, and sustain serious and severe injuries and damages.”
In both accidents, the plaintiff suffered litany of combined injuries, including the following: Separated shoulder, skin lacerations, abrasions, a burst fracture of L2 in lumbar spine, height loss, skin lacerations, bruising, focal kyphosis, non-displaced fracture of L3 right transverse process, edema along the right L3 transverse process, retrolisthesis of L2 on L3, narrowing of the L2-L3 disc space and other serious injuries.
For counts of strict liability, negligence and breach of warranty, the plaintiff is seeking damages in excess of applicable arbitration limits, exclusive of interest and costs.
The plaintiff is represented by Jason M. Schiffman and Gina M. McKlveen of the Schiffman Firm, in Pittsburgh.
The defendants have not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-24-004237
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com