ST. LOUIS - A St. Louis County man wants payback after he says his new mountain bike randomly malfunctioned, causing a crash that fractured both of his wrists.
The complaint was filed by plaintiff Paul Winfrey on April 19 in the St. Louis County Circuit Court against defendants Scott USA Inc. and Swim Bike Run LLC. The complaint was removed to federal court on May 12.
Winfrey, an experienced mountain biker, purchased a new mountain bike manufactured by Scott USA and sold by Swim Bike Run in 2020.
The plaintiff says there was no reason for him to believe that the bike was defective and the defendants gave no indication to believe so either. He was able to use it a few times without incident, according to the suit.
On July 25, 2020, Winfrey was riding his bike on a trail when the rear tire allegedly locked up and pushed up into the seat, throwing Winfrey off and causing serious injuries including fractures to both wrists, the suit says.
Winfrey later discovered an eyelet bolt missing from the rear shock, a defect that the plaintiff says should have been noticed by the retailer, the suit says.
The defendants are charged with strict product liability in manufacturing defect, design defect, failure to warn, negligent manufacturing, breach of implied warranty and negligence.
Winfrey is represented by the Medler Law Firm APC of Irvine.