Saturday, June 15, 2024

Man files $2 million lawsuit after crashing bicycle on Colonial Parkway

Williamsburg resident Mark Ashby is suing Bikes Unlimited, a Williamsburg bike shop, along with California manufacturer Felt Racing and ADK Technology Limited of China, after he says he crashed riding along the Colonial Parkway in April 2013. (file photo)
Williamsburg resident Mark Ashby is suing Bikes Unlimited, a Williamsburg bike shop, along with California manufacturer Felt Racing and ADK Technology Limited of China, after he says he crashed riding along the Colonial Parkway in April 2013. (file photo)

A Chinese company is scheduled to face off against a Williamsburg man in court next month after he filed a $2 million lawsuit claiming his bicycle malfunctioned on the Colonial Parkway, causing him to crash.

Williamsburg resident Mark Ashby is suing Bikes Unlimited, a Williamsburg bike shop, along with California manufacturer Felt Racing and ADK Technology Limited of China, after he says he crashed riding along the Colonial Parkway in April 2013. 

Ashby claims the bicycle’s fork steer tube broke, causing him to lose control of his bike, fall and “suffer severe personal injuries adversely affecting his health and well-being,” according to documents filed in the Williamsburg-James City County Circuit Court.

“[The] injuries are permanent and painful, and have caused Ashby to suffer physical pain, nervousness, sleeplessness, mental anguish, physical disfigurement, emotional disturbance, limitation in activities, and limitation in the pursuit of Ashby’s normal and usual activities,” read the suit filed Feb. 11, 2015.

Ashby sued all three companies jointly for $2 million, plus legal costs. He has also requested a trial by jury. In July, ADK Technology Limited of China filed a motion to be removed from the suit, stating a “lack of personal jurisdiction.” The request is scheduled to be heard next month.

The suit claims Ashby purchased the bicycle, a Felt-manufactured 2008 S32, from Bikes Unlimited back in 2011. He then continued to bring the bike back to the shop for repair over the next two years.

“In fact, as late as April 13, 2013, Bikes Unlimited performed a ‘check over’ and performed certain maintenance items for Ashby on the bicycle,” the suit reads.

The suit alleges employees at the bike shop failed to notify Ashby that the U.S. Consumer Protection Safety Commission, in cooperation with Felt, announced a voluntary recall of all 2009 Felt Model B12, B16 and S32 bicycles in 2010. The recall did not initially include Ashby’s 2008 model, but was expanded to include the bike in 2014.

“The bicycles were recalled due to the potential for the bicycles’ fork steer tube to break, causing the rider to lose control, fall and suffer personal injuries,” the suit reads. “Accordingly, Bikes Unlimited was under notice of the bicycle’s potentially dangerous condition.”

“Bikes Unlimited’s negligence proximately caused Ashby to suffer his personal injuries,” the suit continued.

Jonathan Lucier, an attorney representing Bikes Unlimited, declined to comment on the suit.

Felt Racing filed a motion in April 2015 claiming Ashby did not have enough grounds to justify legal action.

“Given the total lack of facts and information regarding the grounds and legal basis…the nature of the Plaintiff’s desired claim is unclear,” it read. “Felt is not able to adequately prepare a defense to the vague and ambiguous claim that the Plaintiff seeks to pursue.”

According to online court records, Bikes Unlimited, Felt Racing and ADK Technology Limited of China were still listed as defendants in the suit as of 2 p.m. Monday.

A hearing is scheduled for Oct. 23 at 10 a.m. to determine whether ADK Technology Limited of China will be released from the suit.

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