Man sues Pacific Cycle, others for defective bicycle

CHARLESTON -- A man is suing Pacific Cycle after he was injured on a bicycle that was defective.

RL&F Service Corp., Kun Teng Industry Co. and Wal-mart Stores were also named as defendants in the suit.

On April 20, 2002, Jordan Eskridge purchased a Mongoose XR100 with Quando quick-release hubs from the Wal-mart store in Beckley, according to a complaint filed July 15 in Kanawha Circuit Court.

On Sept. 20, 2005, Eskridge was riding the bicycle at Bellepoint Park in Hinton and was riding over a speed bump when the front wheel of the bicycle separated from the front forks, and, according to the suit, as the bicycle came down, the front wheel was jammed into the front forks and Eskridge struck the handlebars and fell to the ground.

Eskridge, who was a minor at the time of the accident, claims the result of the impact with the handlebars and fall to the ground caused him to suffer a laceration of the liver; a concussion; facial abrasions and lacerations; a mild traumatic brain injury; chest trauma; pleural effusion; pneumonia; mucous plug; a biloma in the liver fracture site; residual scarring; and other injuries.

The defendants designed, manufactured, imported, assembled, tested, provided with warnings and instructions, inspected, marketed, distributed and/or sold the bicycle and/or Quando quick-release hubs and placed them into the stream of commerce in an unreasonably dangerous and defective condition, which rendered them unsafe for the intended use, according to the suit.

Eskridge claims the bicycle was defective and the defendants were negligent.

The defendants breached their warranties to provide a safe bicycle, according to the suit.

Eskridge is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Marvin W. Masters and Christopher L. Brinkley.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 11-C-1178