Expert witness home page

CAPTIONS AND DESCRIPTIONS
OF CASES IN WHICH I HAVE TESTIFIED
AS AN EXPERT WITNESS ON BICYCLING

John S. Allen


The list below gives captions of cases in which my opinions are a matter of public record. I indicate the party that retained me in boldface. For reasons of privacy and confidentiality, I do not list many other cases in which did not provide testimony.

The list is in chronological order of my testimony. The case numbers in the list are linked to descriptions of the cases, and to contact information for the attorneys who retained me. Attorneys' Web site URLs (such as I could find) are current as of March, 2008. Addresses and phone numbers are as of the time when I was retained. Those near the end of the list are more likely to be current.

I will work with plaintiffs or defendants. The prevalence of bicycle components from a few large manufacturers results in more possibilities for conflicts of interest with defendants, and so I have more cases with plaintiffs..


Case number Venue Filing date Plaintiffs:
(I have provided testimony for 49)
Defendants:
(I have provided testimony for 20)
Civil Action No 81-04238 U.S. District Court, Rhode Island 1981 Kantor, Abner Cycles Peugeot, S. A.
Serial 27268 Brighton District Court, Massachusetts 1984 Commonwealth of Massachusetts John S. Allen
6280, Trespass Court of Common Pleas, Philadelphia County Trial Division June Term, 1981 Arthur J. Mattia Sears Roebuck and Co., Shimano American Corporation
Civil Docket No. 85-155 B United States District Court, District of Maine 1985 Jamie A. Jenkins, Jana Lee Gale John P. Bartlett,   Columbia Manufacturing Co., Zayre Corporation
Law No. Cl 54-31579 Iowa District Court for Polk County ca. 1985 Trev Kelderman City of Des Moines and Scott Kurth
85-89-PI Common Pleas Court of Hancock County, Ohio 1985 Nicole R. Clapper Columbia Manufacturing Company, Robert Balcomb et al.
CV 86 8 2570 Summit County, Ohio Court of Common Pleas 1986 Eva Lambert, Admx., etc. Columbia Manufacturing Company et al.
84-178 Commonwealth of Massachusetts, County of Middlesex Superior Court 1984, tried ca. 1989 Christopher Campbell et al. Child World, Firestone Tire and Rubber Co. et al.
Unknown Unknown, Massachusetts ca. 1988 Mary Ellen Cotton Lechmere Sales and Columbia Manufacturing Co.
114894 Court of Common Pleas, Cuyahoga County, Ohio ca. 1988 Porter Kent International, et al., Cycle Techniques, et al.
CA 85-
2995

United States District Court, District of Massachusetts

1985 (tried ca. 1989) KBL Corporation Ming Tay Hardware Industrial Ltd., Wen Tay Kuo et al.
Central Division, Civil no. 87-650-B United States District Court, Southern District of Iowa 1987 Barbas Maharishi International University et al.
73353 Commonwealth of Massachusetts, Suffolk, SS. Superior Court  ca. 1989 Vincent J. Cherry Peugeot Inc. et al.
CAL 88-11679 Circuit Court for Prince George's County, Maryland 1988 Max I. Richtman Maryland National Park and Planning Commission, et al.
86-08150, CR Circuit Court of the Seventeenth Judicial Circuit, in and for Broward County, Florida 1986 Susan Banfield Songea Louis, Cat Sports, Inc., et al.
Civil Action R-88-2199 United States District Court for the District of Maryland 1988 Leslie Beyer and Carla Beyer Poutrait-Morin, Incorporated
Unknown, arbitration Connecticut ca. 1990 Brothers Ward
Cause No. 88-11522 District Court of Dallas County, Texas 1988 David Walkley Phil Wood and Company
D-71915 Superior Court of Fulton County, Georgia ca. 1989 Kilby Matsushita Electrical Corporation et al
Unknown United States District Court, Northern District of New York ca. 1990 Elizabeth Prunier, as Permanent Guardian of Sean M. McDermott City of Watertown
89-CV-
811310
State of Wisconsin, Circuit Court, Milwaukee County 1989 Nola J. Klomberg American TV and Appliance of Madison, Inc. et al.
Civil No. 89-1158-
04
Circuit Court of the First District, State of Hawaii 1989 William T. Hayes and Ellen C. Hayes Sheilla Johnson et al.
Unknown Unknown, Maine 1990 Umberger Ames, et al.
90-13169-
NO
Circuit Court for the County of Ottawa, State of Michigan 1990 Rhonda Louise Beerthuis for Chad Michael Hildebrand Meijer, Inc.
Cause no. 88-2183 County Court at Law #5, El Paso County, Texas 1988 Luis Terrazas Cigna Property and Casualty Companies vs. Western Auto Supply Company
Civil Action Number 9:91-
3836-2
United States District Court, District of South Carolina, Beaufort Division 1991 John G. Peterson Peddling Pelican Bicycle Rentals, Inc.
Vermont Superior Court Docket No. S861-91WnC State of Vermont, Washington County, SS. 1991 Hayward Climb High, Inc. and Service Cycle, Inc.
Unknown State of Arizona ca. 1991 Kuo Domenic's and Giant Bicycles, Inc.
Civil Action No. 92-1559 (GHR) United States District Court for the District of Columbia: 1992 Roger A. Morrison United States of America
Docket No. ESX-L-
12730-92
New Jersey 1992 French et als Cycle Craft et als.
Docket No. C-93-
419-JD
United States District Court for the District of New Hampshire 1993 Lee McCleery Royce Union Bicycle, Inc., et al
Law No. 94-793 Arlington County Circuit Court, Virginia 1994 Barth F. Downie Trek Bicycle Corporation, et al.
Docket No. L-00937-
93
Superior Court of New Jersey, Law Division-Camden County 1993 Sterling E. Cordy, Plaintiff The Sherwin-
Williams Company, et als
vs. Lisbon Contractors, the County of Camden, Camden County Municipal Utilities Authority, Third Party Defendants
Docket No. MRD. L-424-93 Superior Court of New Jersey, Law Division - Morris County 1993 Theodore Martin and Lynn Martin Falcon Bicycles, Zfal, Inc.
Civil Action No. 92-
4574
Commonwealth of Massachusetts, Middlesex, SS. Superior Court Department 1992 William Whitty and Diane Whitty K. G. Engineering, Inc., Ocean State International, Inc. and B&B Cycle and Sports
Unknown State of New Hampshire ca. 1994 Jesse P. Kretschmar Wal-Mart Stores, Inc. and Huffy
95-C-936 State of New Hampshire, Superior Court, Hillsborough, SS. Northern District 1995 Keith Robertson Helen Kaldaras
Civil Action No. 95-1277 United States District Court for the District of Columbia 1995 Edward Beckford, Jr. United States of America
CV 94 0047920S State of Connecticut, Superior Court, Judicial District of Ansonia/ Milford at Milford 1994 York Mario Town of Orange
97-0031-C United States District Court for the Western District of Virginia, Charlottesville Division 1997 George M. Coles, Jr., Personal Representative of the Estate of Donald E. Egan, and Emilie Egan William Harold Jenkins and Vermont Bicycle Touring
96-1362

Circuit Court of Henrico County, Virginia

1996 D. Courtney Chapman EDO Corporation, Performance Composites, Inc., EDO Sports, Inc, Michael S. Harrah and Maurice G. Blankenship, Jr.
C. A. No. 97-0599-L

United States District Court for the District of Rhode Island,

1997 Corey Beaudoin Roadmaster Corporation, Wal-Mart, Inc.
Civil Action No. 9852CV
0676
Middlesex, ss. Cambridge District Court 1998 Cary Coovert Prashant Jain and Veerbala Jain
97-4115-
CA-LG
Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida 1997 Diann Smith and Steve Smith Wal-Mart Stores, Inc, Quentin Heckel, the Murray Ohio Manufacturing Co, Teel, Inc and Kwo Chuan Precision Machinery Company
No. CV-96-
0475334 S
State of Connecticut,Superior Court, Judicial District of New Britain at New Britain 1996 William Espowood, Guardian of the Estate of John Andrew Williquer, a minor, and Roger Williquer, Jr. City of Bristol, et al.
CL99-
2492-4
Virginia: Circuit Court of the City of Richmond 1999 Catherine R. Wilcox Conte's Bike Shop, Inc. and Giant, Bicycle, Inc
00-6324-CI 
Division: 8

Circuit Court of the Sixth Judicial Circuit of the State of Florida in and for Pinellas Count, Civil Division

ca. 2001 Mathew Macintyre, a minor child K2 Inc., a foreign corporation and J&R Bicycle shop
Civil Action No. 00-01213 Commonwealth of Massachusetts, Norfolk, SS. Superior Court ca. 2000 Linda Fogel Alvin S. Park and Bernice E. Park
01CV69

Court of Common Pleas, Gallia county, Ohio

ca. 2001 Roger Gibson, Executor of the Estate of Brian M. Gibson, Deceased Marianne Metzler, Boy Scouts of America, Inc., et al.
01-12176-
DPW

United States District Court, District of Massachusetts

ca. 2001 Susan Heinz Dorothy E. McFalls
CA 01-8873-AB Circuit Court of the 15th Judicial Circuit, in and for Palm Beach County, Florida, Civil Division ca. 2002 Susan Ball Mohammed M. Hossain, Bogum R. Hossain, WBS Management and Acquisition, Inc., Greentree Plaza, L.L.C.
(not  known) Third District Court, State of Utah ca. 2002 Willnow Target Stores, Dynacraft et. al.
02 3410 NZ S State of Michigan, Circuit Court for the County of Bay 2002 Stephanie Schmidt as personal Representative of the Estate of Duane F. Regan, deceased Bay Vac and Pedal, Raleigh America, Inc., Cycle Bid Co.
02 Civ. 6763 United States District Court, Southern District of New York 2002 David DeRienzo Trek Bicycle Corporation
2001-4466 Lucas County Common Pleas Court 2002 James L. Reilly, etc., at al. Dick's Sporting Goods, Inc.
Civil Action No. 2:03-00224 United States District Court for the Southern District of West Virginia at Charleston 2003 Clifford Patrick and Karen Patrick Dynacraft Industries, Inc.,  and Toys R Us., Inc.
(information incomplete) Massachusetts mediation proceeding 2002 Anthony Nsubuga-
Kiberu
Barbara Holland
02.L 8978 Circuit Court of Cook county, Illinois, County Department, Law Division 2002 Angela  Limberopoulos, individually and as special Administrator of the Estate of Louis Limberopoulos Esther Park and Patmont Motor Werks, a foreign corporation
Court File No. C2-01-000907 State of Minnesota, County of Sherburne, District Court, Tenth Judicial District 2001 Scott Nelson by his mother, natural guardian, and Special Conservator, Gloria Marie Stone Julie Ann Tice and David Tice
Case No. 01-2003-CA-002846 Court of the Eighth Judicial Circuit in and for Alachua County, Florida 2003 Nancy D. Garber Speedplay, Inc., and Primo Bicycle Works, Inc.
Case No. 7:05-CV-225-KKC United States District Court, Eastern District of Kentucky at Pikeville ca. 2005 Jessie Lopez, a minor, through his father, Jacinto Lopez Wal-Mart, Inc., John Doe
CIV NO. 05-1191 JP/WDS

United States District Court for the District of New Mexico

2005 Stacy and Ryan Locklear KMart LLC, Ningbo Ltd., Street Flyers, LLC, Cycle Source Group, Great American E&S Insurance Company
1:07-CV-0205 United States District Court, Northern District of Indiana, Fort Wayne Division 2007 Vicki Peoples, Julian Buitrago Wal-Mart Stores
A522182

District Court, Clark County, Nevada

2008 John Annesley Norma Elman, Does I-X and Roe Corporations I-X, inclusive
GD 07-006212 Issue No. 189248 Court of Common Pleas of Allegheny County, Pennsylvania,
Civil Division
2007 Michelle McDaniel and Gordon McDaniel, her husband GES Exposition Services, Inc., James J. Flynn, Sean Savini and David Siyufi
22497/08 Supreme Count of the State of New York, County of Queens 2008

Gregory Preus, by his mother and natural guardian, Carol Preus, Plaintiffs

S. Bellitte & Sons, Inc., d/b/a Bellitte Bicycles and Pacific Bicycle, Inc.
Case No. 7:09-CV-00108-ART

United States District Court, Eastern District of Kentucky at Pikeville

2009 Jessie Lopez, a minor, through his father, Jacinto Lopez Boan Bike (Shenzhen Compay Ltd. and Top Image International Incorporated)
HHD CV 09 5030268S Superior Court J. D. of New Haven 2009 Daniel Lewis Habitat for Humanity of Greater New Haven
LACV072001 Iowa District Court in and for Johnson County 2010? BRIDGID RUDEN, TODD RUDEN, individually and on behalf of MEGHAN RUDEN, RYAN RUDEN, and MOLLY RUDEN CITY OF CORALVILLE, SHIVE-HATTERLY, INC., HORSFIELD CONSTRUCTION, INC., and all other KNOWN AND UNKNOWN PARTIES
LACV072087 STATE OF IOWA, an all other KNOWN AND UNKNOWN PARTIES
C.A. No. 11-CV-30203-KPN

UNITED STATES DISTRICT COURT, DISTRICT OF MASSACHUSETTS

2011 ELI DAMON DENNIS HUKOWICZ, individually and as Chief of the Hadley Police Department, MITCHELL KUCand MICHAEL MASON

United States District Court, District of Rhode Island

Civil Action No 81-04238

Abner I. Kantor, Administrator of the Estate of Jody Kantor a/k/a Jody Lazarus vs. Cycles Peugeot S.A.

The deceased plaintiff was killed in a head-on night collision with another bicyclist who was riding against traffic. Neither had a working headlight. The plaintiff's attorney claimed that the owner's manual should have advised helmet use, and that drop handlebars prevent the rider from looking ahead attentively.

I determined that the handlebars were not original equipment, and testified that no suitable bicycle helmet was available until after the bicycle was sold. The handlebar claim was dropped; the case was settled. I testified at deposition for defendant Peugeot, consulting for:

Mr. Berndt Anderson, Attorney at Law
Roberts, Carroll, Feldstein & Tucker, Inc.
10 Dorrance Street
Providence, RI 02903
401 521-7000

***

Brighton District Court, Massachusetts

Serial 27268

Commonwealth vs. Allen, February 8, 1984

Bicyclists' rights case in which I was defendant and qualified as an expert witness. A police officer ordered me off the road, onto a parallel bike path on which a friend of mine had been mugged. I refused and was issued a citation. Under applicable laws and regulations, which I researched, I was within my rights. Judge dismissed charges.

An affidavit in which I describe this incident in more detail.

***

Court of Common Pleas, Philadelphia County Trial Division, June Term, 1981

No. 6280, Trespass

Arthur J. Mattia and Sandra K. Mattia, husband and wife, Plaintiffs v. Sears Roebuck and Co., Defendant, Shimano American Corporation, Additional Defendant.

The plaintiff coasted his new bicycle down a driveway, and began to pedal. With the first pedal stroke, the rear derailleur jammed in the spokes, stopping the rear wheel and pedals; the plaintiff fell and was injured. I demonstrated how this resulted from defective assembly of the derailleur. The plaintiff won; defendant Sears requested a new trial but the request was denied. I testified in court for the plaintiff, consulting for:

Cheryl Furey, Esq.
Land Title Bldg.
Philadelphia, PA 19019
(215) 563-7355

***

United States District Court, District of Maine

Civil Docket No. 85-155 B

Jamie A. Jenkins and Jana Lee Gale, Plaintiffs vs. John P. Bartlett and John P. Bartlett Co. Inc., and Columbia Manufacturing Co. and Zayre Corporation, Defendants.

An 8 year-old bicyclist, riding down a hill, lost his brakes (his testimony) failed to stop at a cross street, struck a car and was injured. Defendant Columbia claims that he did not try to stop, and the chain came off in the collision. From examination of the bicycle, I determined that the chain came off before the accident due to an improperly-installed coaster brake. The judge refused to allow the plaintiff to submit important evidence including photos of brake testing. Plaintiff lost in jury trial. I testified at deposition and at trial for the plaintiff, consulting for:

Joseph M. Cloutier, Esq.
Joseph M. Cloutier and Associates
P.O. Box 907
Rockland, ME 04841
207 236-8538

***

Iowa District Court for Polk County

Law No. Cl 54-31579

Trev Kelderman, a Minor, by Leroy W. Kelderman, his Father and Guardian, et al., Plaintiffs, vs. City of Des Moines and Scott Kurth, Defendants

The 8 year-old bicyclist passed a garbage truck on the right at an intersection. The truck turned right and injured the bicyclist. I testified that the bicyclist was operating improperly; the truck driver's responsibility was to scan the intersection ahead; prohibition of passing on the right and at intersections is intended to prevent conflicts of the type seen in this accident. Case was settled. I testified at deposition for the City of Des Moines, consulting for:

Richard Book, Esq.
Jones, Hoffmann and Huber
500 Liberty Building
Des Moines, Iowa 50309
515 243-4148
http://www.desmoineslaw.com/attorneys/richardBook.asp

***

Common Pleas Court of Hancock County, Ohio

Case No. 85-89-PI

Nicole R. Clapper, a minor child, by her father and next friend, Charles D. Clapper, et al., Plaintiffs, vs. Robert Balcomb dba Bob's Bikes and Columbia Manufacturing Company et al., Defendants.

The bicyclist's front wheel had been stopped by a stick or similar object, as was clear upon inspection of the bicycle. The plaintiff claimed that the front hub had seized, though this was impossible -- the axle would have rotated in the fork, or else broken. Case was settled. I testified at deposition for defendant Robert Balcomb, (Bob's Bike Shop), consulting for:

Bruce Brimley, Esq.
Weasel and Brimley
320 South Main Street
Findlay, Ohio 45840
419 423-5700
http://web2.userinstinct.com/34091103-brimley-law-firm-llc.htm

***

Summit County, Ohio Court of Common Pleas

Case no. CV 86 8 2570

Eva Lambert, Admx., etc. vs. Columbia Manufacturing Company et al.

The 14 year-old bicyclist was riding down a hill on a street with snow and slush; ran a stop sign, struck the side of a pickup truck which was crossing the intersection and was killed. I gave my opinion that the bicyclist intended to slow or stop but could not, due to brake defects and road conditions. Case was settled. I testified at deposition for the plaintiff, consulting for:

Lawrence J. Scanlon, Esq.
Scanlon & Henretta
1515 Ohio Edison Building
Akron, Ohio 44308
218 376-1440
http://www.scanlonco.com/

***

Commonwealth of Massachusetts, County of Middlesex Superior Court

Case No. 84-178

Christopher Campbell et al. vs. Child World, Firestone Tire and Rubber Company et al.

The plaintiff was in a child seat on his mother's bicycle, which went out of control and fell; plaintiff was injured. The plaintiff's attorney claimed that the child seat was defective since its foot guard could not be installed on this bicycle, and that manufacturer should have warned that the child should wear a helmet.

I determined that the accident resulted from a bolt's striking a spoke due to incorrect assembly of the child seat to the bicycle; the foot guard could be installed according to instructions; no child bicycle helmet was available till after the seat was sold. Defendants won. I testified in court for defendant Firestone Tire and Rubber Company, consulting for:

Kenneth Demoura, Esq.
Bingham, Dana & Gould
100 Federal Street
Boston, MA 02110
617 348-8588
http://www.apslaw.com/attorneys.cfm?id=265

***

(I do not have case number or venue -- information available from attorney).

Mary Ellen Cotton vs. Lechmere Sales and Columbia Manufacturing Co.

Mary Ellen Cotton rode her teenage daughter's Columbia bicycle down a hill near her home. The rear brake failed to work, due to improperly-adjusted brake shoes. In panic, Mrs. Cotton failed to apply the front brake, which, however, was also barely functional. She failed to complete a turn, fell and was injured. The case was settled. I testified in deposition for the plaintiff, consulting for:

Leonard Clarkin, Esq.
Hausserman, Davison & Shattuck
176 Federal Street
Boston, MA 02110
617 439-3050
http://www.lawyers.com/clarkinsawyer&phillips/jsp2216155.jsp

***

Court of Common Pleas, Cuyahoga County, Ohio

Case No. 114894

Porter vs. Kent International, et al. vs. Cycle Techniques, et al.

Plaintiff struck a bump with the front wheel of his ten-speed bicycle. The wheel came off and the plaintiff was injured. From indentations left by the axle locknuts on the front fork, I determined that the fork had been improperly aligned, resulting in its failing to hold the front wheel securely. I also determined that the prevailing-torque insert of the quick-release adjusting nut failed to grip the quick-release skewer sufficiently to prevent unintentional loosening of the nut when removing and replacing the wheel. The case was settled. I testified at deposition, consulting for the plaintiff's attorney:

Keith Weiner, Esq.
75 Public Square, 4th Floor
Cleveland, OH 44113
216 771-6500
http://www.weinerlaw.com/

***

United States District Court, District of Massachusetts

Case no. CA 85-2995

KBL Corporation v. Ming Tay Hardware Industrial Ltd., Wen Tay Kuo et al.

Plaintiff KBL Corporation, manufacturers of bicycle locks, alleged infringement of patent rights and trade dress by the defendants. I testified in court about the history and mechanical operation of the locks in question. The plaintiff won on all but one count; however, the judgment was overturned on appeal. I consulted for the plaintiff's attorney,

Gerald Altman, Counselor at Law
Morse, Altman, Dacey & Benson
73 Tremont Street
Boston, MA 02108
617 262-2021
http://pview.findlaw.com/view/2627396_1?noconfirm=0

***

United States District Court, Southern District of Iowa, Central Division,

Civil no. 87-650-B

Barbas vs. Maharishi International University

Michael Barbas, a student at the University, rode his bicycle at night into a chain barring an entrance to the campus and was injured. I testified at deposition as to the hazard posed by the chain, the ability of bicycle headlights to reveal it, and the potential effectiveness of a helmet in preventing the injury. The case was settled during trial; no bicycle experts were called for either side during the trial. I consulted for the Attorney for Maharishi International University,

James Huber, Esq.
Jones, Hoffmann and Huber
500 Liberty Building
Des Moines, Iowa 50309
515 243-4148
http://www.desmoineslaw.com/attorneys/jamesHuber.asp

***

Commonwealth of Massachusetts, Suffolk, SS. Superior Court

Case No. 73353

Vincent J. Cherry, Plaintiff v. Peugeot Inc. et al.

Plaintiff Cherry claimed that the bicycle crashed when the front wheel came off due to a defective front fork alignment and poor wheel retention. I testified in deposition that the bicycle appeared to have sustained a front-end impact, but I could not draw strong conclusions since the bicycle was not available for inspection (deposition interrupted incomplete; case settled). I consulted for the attorney for defendant Peugeot Inc.,

George Deptula, Esq.
Gaffin & Krattenmaker, P.C.
1900 Prudential Tower
Boston, MA 02199
617 437-6530
http://www.vrdllp.com/

***

Circuit Court for Prince George's County, Maryland

Case no. CAL 88-11679

Max I. Richtman, Plaintiff, v. Maryland National Park and Planning Commission, et al.

Defendant Richtman was struck head-on by another bicyclist who crossed the centerline of a bike path on a curve where sight lines were obscured by vegetation. I testified in deposition and in court that sight lines and other design elements were inadequate. Case was lost in jury trial. I consulted for the attorney for the plaintiff,

James L. Kelley, Esq.
109 North Adams Street
Rockville, MD 20850
301 294-7810

***

Circuit Court of the Seventeenth Judicial Circuit, in and for Broward County, Florida

case No. 86-08150, CR

Susan Banfield, Plaintiff, vs. Songea Louis, Cat Sports, Inc., a California Corporation, et al., Defendants

The defendant, a participant in a triathlon race, was struck by a car on a five-lane street at an intersection patrolled by only a single police officer and with the traffic lights on normal cycle. I testified at deposition that on officer is inadequate in such a large intersection and that blindspots behind moving vehicles can often entirely hide an officer from drivers in a multilane intersection, and that leaving the lights on normal cycle would lead a driver to presume that the way was clear on a green light. The case was dismissed on a motion from a defendant based on a liability waiver signed by the plaintiff. I consulted for the plaintiff's attorney,

Jack Vital, Esq.
Law Offices of Sheldon J. Schlesinger, P.A.
1212 SE 3rd Avenue
Fort Lauderdale, FL 33316
305 467-8800
http://www.vitallc.com/

***

United States District Court for the District of Maryland

Civil Action R-88-2199

Leslie Beyer and Carla Beyer vs. Poutrait-Morin, Incorporated,

The plaintiff fell from his bicycle and sued the toeclip manufacturer on grounds that the toeclips prevented him from removing his foot from the pedal and breaking his fall. I testified at deposition that a fall of his type occurs too rapidly to be prevented by planting a foot, and that there is no evidence that toeclips either increase or decrease the severity of injuries when a fall does occur. The case was settled. I consulted for the attorney for defendant Poutrait-Morin,

Joel Newport, Esq.
Semmes, Bowen & Semmes
401 Washington Avenue
Towson Maryland 21285
301 296-4400
http://www.moorejackson.com/

***

(Connecticut arbitration proceeding -- I do not have the caption)

Brothers vs. Ward et al.

Plaintiff Brothers was struck from the rear by a car with an inattentive driver. I examined the location and timing of the accident relative to a traffic signal at an intersection through which the plaintiff and defendant had recently passed. The arbitration procedure was still underway the last time I inquired. I testified in the arbitration procedure, consulting for the plaintiff's attorney,

John Carroll, Esq.
Meehan, Boyle & Cohen, P.C.
85 Devonshire Street
Boston, MA 02109
617 523-5800
http://www.meehanboyle.com/

***

District Court of Dallas County, Texas

cause No. 88-11522

David Walkley v. Phil Wood and Company,

The plaintiff and his wife were riding a tandem bicycle down a steep mountain grade when a brake failed. A second brake apparently had been allowed to go out of adjustment so it no longer was effective. Mr. Walkley was seriously injured. I testified at deposition about types of bicycle brakes and the need for independent braking systems on any vehicle. The case settled during trial before I would have been called. I consulted for the defendant's attorney,

J. William Payne, Esq.
DeHay & Blanchard
Plaza of the Americas
2500 South Tower
Dallas, TX 75201
214 953-1313
http://www.pandblaw.com/bill.htm

***

Superior Court of Fulton County, Georgia

No. D-71915

Kilby vs. Matsushita Electrical Corporation et al.,

Plaintiff Stephen Kilby had started out on a ride on his nearly-new all-terrain bicycle when the pedal lost resistance and then jammed. He fell and broke his hip. I examined the bicycle and determined that the upper pulley bolt of the rear derailleur had loosened, probably due to improper tightening, causing a displacement of the pulley and jamming the chain. The case was settled. I testified at deposition, consulting for the plaintiff's attorney,

Stephen Dermer, Esq.
Smith, Gambrell & Russell
2400 First Atlantic Tower
Atlanta, GA 30383
404 264-2620
http://www.lawyers.com/magill&atkinson/jsp2133749.jsp

***

United States District Court, Northern District of New York

(I do not have the case number)

Elizabeth Prunier, as Permanent Guardian of Sean M. McDermott, Plaintiff, vs. the City of Watertown

Mr. McDermott, a soldier, borrowed a bicycle during a platoon picnic in a city park and rode it on what appeared to be a bicycle path. He went down a flight of stairs and suffered a severe head injury. I testified that the stairs were difficult to see, to the degree that it would often not be possible to stop a bicycle before reaching them when riding at a normal speed. The case was dismissed by the judge on grounds that the stairs would be visible. I testified at deposition, consulting for the plaintiff's attorney,

Irwin Birnbaum, Esq.
Birnbaum & Rojas P.C.
300 Loews Landmark
108 West Jefferson Street
Syracuse, NY 13202
315 422-0246
http://www.sonneborn.net/Bio/IrwinBirnbaum.asp

***

State of Wisconsin, Circuit Court, Milwaukee County

case No. 89-CV-811310

Nola J. Klomberg, an Incompetent, by her guardian, James F. Klomberg, and James F. Klomberg, individually, vs. American TV and Appliance of Madison, Inc. et al.

The plaintiff was riding her son's bicycle, whose front fork had bent due to insufficient strength. This caused a steering instability which, especially with her inexperience with this bicycle, led to an abrupt fall and incapacitating head injury. Case was settled. I testified at deposition as to the nature of the instability and its effects on bike handling, consulting for the plaintiff's attorney,

Mark S. Young
Habush, Habush & Davis S.C.
First Wisconsin Center, Suite 2200
777 East Wisconsin Avenue
Milwaukee, Wisconsin 53202-5381
414 271-0900
http://www.habush.com/atty_young.htm

***

Circuit Court of the First District, State of Hawaii

Civil No. 89-1158-04

William T. Hayes and Ellen C. Hayes vs. Sheilla Johnson et al.,

Mrs. Hayes was riding on a residential street when a car driven by Ms. Johnson grazed her left side, causing her to fall. She suffered damage to her sciatic nerve, causing prolonged pain and difficulty in walking. I testified in deposition and at trial that she could not be expected to determine the position of a car behind her by hearing it, and that a driver's duty is to look ahead; therefore, her use of a Walkman and failure to have a rear-view-mirror -- both entirely within the law -- did not constitute negligence. The case was lost in a jury trial. I consulted for the plaintiff's attorney,

William Lawson, Esq.
1188 Bishop Street, Suite 2902
Honolulu, HI 96813
808 528-2525
http://accidentlawyerhawaii.com/

***

(Not having received my deposition for review, I do not have a record of the caption.)

Umberger vs. Ames, et al.

A young girl was riding her Hedstrom sidewalk bicycle when her left foot slipped between the crank and the frame. She was injured, and the bicycle had to be dismantled in order to extricate her. I testified that the construction was unusual, in that the pedal was secured by a bolt at the inside of the crank, and the frame had only a single, narrow member behind the bottom bracket, allowing her foot to be trapped. I do not know the outcome of this case. I testified in deposition, consulting for the plaintiff’s attorney:

Daniel G. Kagan, Esq.
Berman, Simmons & Goldberg, P.A.
129 Lisbon Street, Box 961
Lewiston, ME 04243-0961
207 784-3576
http://www.bermansimmons.com/attorney/kagan.html#profstart

***

Circuit Court for the County of Ottawa, State of Michigan

Case no. 90-13169-NO

Rhonda Louise Beerthuis for Chad Michael Hildebrand, v. Meijer, Inc.

Chad Hildebrand, a 12 year-old boy, was riding his 12-speed bicycle when the front wheel came off, causing an accident and serious injuries. I testified in deposition that the wheel had probably loosened due to incorrect use of the quick-release assembly. The case was settled during trial. I testified at deposition, consulting for the plaintiff's attorney,

William Mills, Esq.
Gruel, Mills, Nyms & Pylman
50 Monroe Place
Suite 700 West
Grand Rapids, MI 49503
616 235-5500
http://www.gmnp.net/profiles.asp

***

County Court at Law #5, El Paso County, Texas

Cause no. 88-2183

Luis Terrazas vs. Cigna Property and Casualty Companies vs. Western Auto Supply Company,

Mr. Terrazas was employed as an electrician at a Chevron oil refinery where he used a bicycle provided by his employer to travel to work sites. One day the cuff of his coverall caught on the chainguard of the bicycle and caused a fall resulting in a back injury. I testified at deposition that the chainguard was of an unusual design which could increase the probability of this type of accident, and also about the relative probability that various parties would be aware of the risk of such accidents. The case was dismissed on a technicality. I consulted for the plaintiff's attorney:

Howell Cobb III, Esq.
Richard, Lee, Rowley, Cobb & Hall
123 Pioneer Plaza, Suite 330
El Paso, Texas, 79901
915 532 6997
http://www.germer.com/page.php?page=att_bio&contact_id=26

***

United States District Court, District of South Carolina, Beaufort Division

Civil Action Number 9:91-3836-2

John G. Peterson vs. Peddling Pelican Bicycle Rentals, Inc. et al.

The plaintiff sustained a fall from a rented coaster-brake bicycle, apparently due to loss of the chain resulting from poor chain adjustment. I testified as to the likelihood that the chain would come off, the probability that a helmet would have mitigated injury in the fall, and the ability of various parties to obtain and communicate information about correct chain adjustment and about helmet use. The case was settled. I testified in deposition, retained by the plaintiff's attorney:

Carl H. Jacobson, Esq.
Uricchio, Howe, Krell, Jacobson, Toporek and Theos, P.A.
17 1/2 Broad Street
Post Office Box 399
Charleston, SC 29402
803 723-7491
http://uricchio.lawoffice.com/profiles/1075967

***

State of Vermont, Washington County, SS. Vermont Superior Court

Docket No. S861-91WnC

Hayward v. Climb High, Inc. and Service Cycle, Inc.

The plaintiff, a minor, lifted his front wheel at a bump in the road, and the wheel separated from the bicycle. I testified in deposition that the wheel loss was due to incorrect use of the quick-release assembly, however the accident could have been prevented by instruction at the time of sale or by wheel retention clips. Case was settled. I consulted for the plaintiff's attorney:

Philip H. White, Esq.
Wilson and White
P.O. Box 159
Montpelier, VT 05601-0159
802 229-4914
http://pview.findlaw.com/view/1883895_1

***

State of Arizona,

(caption incomplete)

Kuo vs. Domenic's and Giant Bicycles, Inc.

The plaintiff was riding his new mountain bike six days after purchase when the front wheel came off as he crested a speed bump. He testified that he had never removed the wheel. I testified in deposition that if the wheel had never been removed and given the condition of the front fork dropout slots indicating low clamping force and no use of the quick-release handle as a wingnut, the wheel loss almost certainly was due to incorrect assembly by the bicycle shop. Case was settled. I consulted for the plaintiff's attorney:

James R. Page, Esq.
Timbanard & Page
722 East Osborn Road, Suite 100
Phoenix, AZ 85014
602 230-1234
http://www.jrplawpc.com/

***

United States District Court for the District of Columbia:

Civil Action No. 92-1559 (GHR)

Roger A. Morrison, Plaintiff, v. United States of America, Defendant

The plaintiff was entering an underpass on the Rock Creek Trail in Washington, D.C. when struck head-on by another bicyclist. I testified in court as to standards for path design and signage. The judge rendered a verdict for the plaintiff in a bench trial. I worked with the plaintiff's attorney,

Michael A. Mazzocone, Esq.
O'Connor, Jester & Williams
236 Massachusetts Avenue, N.E., Suite 203
Washington, D.C., 20002
202 544-0019
http://mazz-law.com/index.jsp

***

(New Jersey)

Docket No. ESX-L-12730-92

French et als. vs. Cycle Craft et als.

The plaintiff, William French, fell from his bicycle on a well-paved street with no obvious hazards which would account for this. Inspection of the bicycle revealed that the headset bearings were brinelled (indented) due to overtightening, and that this rendered the bicycle unstable when ridden "no hands." Case was settled. I testified in deposition, working with the plaintiff's attorney,

Patrick Roche, Esq.
740 Irvington Avenue
Maplewood, NJ 04070
201 762-5500

***

United States District Court for the District of New Hampshire,

Docket No. C-93-419-JD

Lee McCleery v. Royce Union Bicycle, Inc., et al.

Lee McCleery was riding on a level, smooth road near her home when she heard a rattle from her bicycle. She applied the brakes and was thrown to the ground. Her son, who came to her assistance, found that the nut securing the front brake to the fork crown had loosened and fallen off. I testified that, absent any removal or loosening of that nut since the bicycle’s purchase, it must have been improperly installed, and that the split lockwasher used with it was not compatible with the curved surface on which it rested. Case was settled. I testified in deposition, working with the plaintiff’s attorney,

Paul A. Rinden, Esq.
Rinden Professional Association
P.O. Box 1810
Concord, NH 03302
603 224-6587
http://www.bmhm.com/attorney/Paul_A._Rinden,12299.html

***

Arlington County Circuit Court, Virginia

Law No. 94-793

Barth F. Downie, Plaintiff, v. Trek Bicycle Corporation, et al., Defendants

Mr. Downie, a police officer, was riding a police bicycle when the bottom bracket axle broke, causing him to fall and suffer injury to his hip. I testified that the description of the accident by Mr. Downie was consistent with the physical evidence, and also testified about stresses and design standards for bottom-bracket parts, and about the condition of the bicycle. Case was settled. I testified in deposition, consulting for the plaintiff’s attorney,

Thomas J. Curcio, Esq.
Cohen, Dunn & Curcio, P.C.
P.O. Box 117
Alexandria, Virginia 22313-0117
703 836-9000
http://www.curciolaw.com/

***

Superior Court of New Jersey, Law Division-Camden County

Docket No. L-00937-93

Sterling E. Cordy, Plaintiff vs. The Sherwin-Williams Company, et als vs. Lisbon Contractors, the County of Camden, Camden County Municipal Utilities Authority, Third Party Defendants

At or near a railroad crossing, the plaintiff’s bicycle suddenly stopped and he continued forward and was injured when he struck the pavement. I testified that this had resulted from the bicycle’s front wheel’s becoming disengaged from the front fork, and that crossing the railroad tracks would pose no problem if the wheel was properly secured. Case was settled. I testified in deposition, consulting for the attorney for defendant Sherwin-Williams Company:

William DeSantis, Esq.
Kenney & Kearney
Woodland Falls Corporate Park
Suite 210
220 Lake Drive East
P.O. Box 5034
Cherry Hill, NJ 08034-0421
609 779-7000

***

Superior Court of New Jersey, Law Division - Morris County

Docket No. MRD. L-424-93

Theodore Martin and Lynn Martin vs. Falcon and Zfal

Plaintiff Theodore Martin collided head-on with a van while rounding a curve to the right on a steep downhill grade. Pavement at the right side of the road was in poor condition. Mr. Martin claims that his Zfal pump came loose from the bicycle frame and jammed in the rear wheel, causing him to lose control. Upon inspecting the bicycle, I found no skid mark on either tire, no damage to the pump and no mark left on the frame or wheel indicating jamming of the pump. The defendants won in a jury trial. I testified in deposition and in trial, consulting for the attorney for Zfal:

Glenn Montgomery, Esq.
Pollock, Montgomery & Chapin
2460 Lamington Road
PO Box 013
Bedminster, NJ 07921
908 234-0330
http://www.mcfnjlaw.com/Bio/GlennMontgomery.asp

***

Commonwealth of Massachusetts, Middlesex, SS. Superior Court Department

Civil Action No. 92-4574

William Whitty and Diane Whitty, Plaintiffs v. K. G. Engineering, Inc., Ocean State International, Inc. and B&B Cycle and Sports, Defendants

Plaintiff William Whitty was riding a bicycle designed and distributed by K.G. Engineering down a grade on a trail at Hopkinton State Park, in Massachusetts. His front wheel momentarily left the ground after passing over a tree root, where the ground was nearly level with the root on the uphill side but about 4 inches lower on the downhill side. As it struck the ground just downhill of the tree root, the wheel ran into a small rock concealed by fallen leaves. The front wheel stopped, and the bicycle and Mr. Whitty pivoted over the front wheel. The top of Mr. Whitty’s helmeted head struck the ground, crushing vertebrae of his neck and leaving him quadriplegic.

I examined the evidence and testified by affidavit on how the dropping of the wheel made it more difficult for the wheel to mount the rock and continue to roll, and also about the lack of instruction on the particular hazards of off-road riding, and the skill necessary to mitigate them. The case was settled. I consulted with the plaintiff’s attorney:

James Swartz, Esq.
Swartz & Swartz
10 Marshall Street
Boston, MA 02108
617 742-1900
http://www.swartzlaw.com/bio/JamesSwartz.asp

***

State of New Hampshire

(I do not have the full caption giving the venue)

Jesse P. Kretschmar, by his parents and next friends, Susan M. Kretschmar and Paul J. Kretschmar v. Wal-Mart Stores, Inc. and Huffy

Jesse Kretschmar, a minor, was riding his Huffy bicycle on the shoulder of Route 102 in Chester, New Hampshire, when he suddenly lost control and fell, injuring his jaw and arm. The bicycle had had problems with chain loss, and based on Jesse Kretschmar’s description of the accident and the damage to the bicycle, I testified that the most likely explanation of the accident was that the chain had come off while Mr. Kretschmar was standing on the pedals, causing a foot to slip from a pedal. Last i knew, the case was awaiting trial. I testified in deposition, consulting for the plaintiff’s attorney:

B. J. Branch, Esq.
Nixon, Raiche, Brown, Manning and Branch
77 Central Street
Manchester, NH 03101
603 669-7070

***

State of New Hampshire, Superior Court, Hillsborough, SS. Northern District

No. 95-C-936

Keith Robertson V. Helen Kaldaras,

Plaintiff Robertson, on his bicycle, was overtaking a row of motor vehicles on the right when he struck the side of Ms. Kaldaras’s car which was making a left turn into a driveway through a gap in the traffic.Lst I knew, the case was pending trial. I testified as to the rights, responsibilities and safe practice related to overtaking on the right while bicycling, consulting for the defendants’s attorney:

Gary M. Burt, Esq.
Wiggin & Nourie, P.A.
20 Market Street
P.O Box 808
Manchester, NH, 03105-0808
603 669-2211
http://www.wiggin-nourie.com/

***

United States District Court for the District of Columbia

Civil Action No. 95-1277,

Edward Beckford, Jr. v. United States of America

Plaintiff Beckford was riding at night when he collided with a bollard in the middle of a recreational path which was not designated as a bicycle path. After reviewing evidence, I testified that the accident was caused by his failure to use a headlamp and carelessness in riding at an excessive speed in a dark area, but also by the location and dark color of the bollard. The judge ruled for the plaintiff and last I knew, the case was under appeal. I testified in court, consulting with the attorney for the defendant:

Kathryn Good, Esq.
Special Assistant United States Attorney
U.S. Department of Justice
555 4th Street, N. W., 10th Floor
Washington, DC 20001
202 305-1334

***

State of Connecticut, Superior Court, Judicial District of Ansonia/Milford at Milford

No., CV 94 0047920S,

York Mario vs. Town of Orange

The plaintiff was riding around a curve on a road in Orange when his front wheel was diverted by a long crack which formed a step in the pavement parallel with his direction of travel. Unable to steer around the curve, he went off the side of the road and crashed while trying to avoid colliding with roadside hazards. I do not yet know the outcome of the trial. I testified in deposition and trial, consulting for the plaintiff’s attorney:

John C. Mayano, Esq.
Perkins & Mario, P.C.
67 Cherry Street
Milford, CT 06460
203 876-2711

***

United States District Court for the Western District of Virginia, Charlottesville Division

no. 97-0031-C

George M. Coles, Jr., Personal Representative of the Estate of Donald E. Egan, and Emilie Egan v. William Harold Jenkins and Vermont Bicycle Touring,

Mr. Egan was killed and Mrs. Egan was injured when a pickup truck driven by Mr. Jenkins, who was legally blind, collided with them from the rear on a tour organized by Vermont Bicycle Touring. I performed research in this case, and gave a deposition. The defendant Vermont Bicycle Touring won in a jury trial. I consulted for the defendant Vermont Bicycle Touring, with:

Rodney Gould, Esq.
Rubin, Hay and Gould
205 Newbury Street
Framingham, MA 01701
508 875-5222
http://www.rhglaw.com/gould.html

***

Circuit Court of Henrico County, Virginia

Case No. 96-1362

D. Courtney Chapman vs. EDO Corporation, Performance Composites, Inc., EDO Sports, Inc, Michael S. Harrah and Maurice G. Blankenship, Jr.

The plaintiff was riding in a triathlon race on a bicycle whose front wheel was built with graphite composite spokes made by plaintiff EDO Corporation. The wheel suddenly disintegrated, causing serious facial injury to the plaintiff. I testified in deposition and in court about bicycle wheel design and construction, and the probable cause of the accident. The plaintiff won in a jury trial. I was retained by the plaintiff's attorney,

David Shapiro, Esq.
5500 Monument Avenue
Richmond, VA 23226
804 673-6600

***

United States District Court for the District of Rhode Island

C. A. No. 97-0599-L

Corey Beaudoin, a minor child, by and through his parents and legal guardians, Peter and Cathy Beaudoin, Plaintiffs, vs. Roadmaster Corporation, RDM Holdings, Inc., Wal-Mart, Inc.; Roadmaster Industries, Inc.; and RDM Sports Group, Inc., Defendants

Corey Beaudoin, then two years old, was playing outside his home with his four year old sister, who was riding her sidewalk bicycle equipped with training wheels. The bicycle's rear wheel was straddling a low post in the family's driveway when Corey poked his finger between the chain and sprocket and suffered a finger amputation. I testified in court that such accidents are fairly frequent, and that they can be prevented by a complete coverage chainguard. The defendants' expert testified that brakes are the largest cause of bicycle accidents, and that a full coverage chainguard would make it more difficult to adjust the chain, leading to brake failure. I was not called to rebut these statements, neither of which is correct. The plaintiff lost in a jury trial. I was retained by the plaintiff's attorney,

Mark Freel
Edwards & Angell, LLP
2800 BankBoston Plaza
Providence, RI 02903-2499
(401) 276-6681
http://www.eapdlaw.com/professionals/list.aspx?LastName=Freel&Services=

***

Middlesex, ss. Cambridge District Court

Civil Action No. 9852CV0676

Cary Coovert v. Prashant Jain and Veerbala Jain

Plaintiff Cary Coovert was riding on the Minuteman Rail Trail in Arlington, Massachusetts where it crosses Lake Street. He entered the crossing, observing a car in the far lane which appeared to be traveling slowly enough that he could pass in front of it. The car apparently accelerated and struck Mr. Coovert's right side, resulting in injuries and damage to his bicycle. I testified that, contrary to the driver's testimony, the physical evidence indicated that the car was moving at the time of the collision, and that the presence of crosswalk stripes and a "Slow" sign warned the driver to be on the alert for crossing bicyclists. I testified in two depositions; case was settled. I was retained by the plaintiff's attorney,

Andrew M. Fischer
Jason & Fischer
47 Winter Street
Boston, MA 02108
617 423-7904
http://jasonandfischer.com

***

Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida

Case No. 97-4115-CA-LG

Diann Smith and Steve Smith v. Wal-Mart Stores, Inc, Quentin Heckel, the Murray Ohio Manufacturing Co, Teel, Inc and Kwo Chuan Precision Machinery Company

Mrs. Smith was riding her new bicycle for the first time, next to her husband who was also riding a bicycle. Her husband was to her right. They intended to turn left into a driveway but the coaster brake on her bicycle failed to actuate and her front wheel collided with her husband's bicycle as he began to turn, leading to a diversion-type fall. I examined and road-tested the bicycle, determining that the brake intermittently failed to actuate. I testified in deposition, consulting for:

David Stone, Esq.
Associates and Bruce L. Scheiner, P. A.
Post Office Box 60049
Fort Myers, FL 33906-6049
954 389-5189, 800 283-2900

***

State of Connecticut, Superior Court, Judicial District of New Britain at New Britain

No. CV-96-0475334 S

William Espowood, Guardian of the Estate of John Andrew Williquer, a minor and Roger Williquer, Jr., Plaintiffs, vs. City of Bristol, et al., Defendants

13 year old John Williquer raced a friend on a slight downgrade, approaching a T intersection. He steered left, entering the near lane, and collided with an oncoming motor vehicle. Plaintiffs claim that the City of Bristol negligently failed to require owners of the corner lot to trim a hedge which they claim obstructed the oncoming driver's view of Mr. Williquer. After examining the accident scene and the bicycle, and reviewing documents, I testified that the hedge did not impede Mr. Williquer's duty to yield right of way, and that as the hedge was 10 feet from the curb line of the cross street, there was no difficulty in yielding. It could not be shown whether or not Williquer applied the brakes, but I also testified that the brakes were defective, partly due to poor quality of manufacture and partly due to faulty repair work conducted by Williquer himself. I calculated and testified about eye height for Williquer as input to a sight-line reconstruction performed by other experts. I testified in deposition, consulting for:

James G. Williams, Esq.
Cella McKeon & Williams
21 Washington Avenue
P.O Box 221
New Haven, CT 06473-0221
203 239-5851
www.williamswalshandoconnor.com

***

Virginia: Circuit Court of the City of Richmond

Case No. CL99-2492-4

Catherine R. Wilcox vs. Conte's Bike Shop, Inc. and Giant, Bicycle, Inc.

Ms. Wilcox was taking her first ride on a newly purchased bicycle when the front derailleur overshifted and the chain came off , the crank freewheeled forward and she lost control, fell and was injured. I inspected the bicycle and reviewed testimony, reaching the conclusion that the derailleur had been improperly adjusted at the time of sale, resulting in the loss of the chain. I testified in a telephone deposition and in court. The plaintiff lost in a jury trial. I consulted for:

David Lentz, Esq.
Paris, Blank and Brown
201 North Boulevard
P.O. Box 5347
Richmond, VA  23220-0347
804 355-0691
DDL071554 *at* aol.com

***

Circuit Court of the Sixth Judicial Circuit of the State of Florida in and for Pinellas Count, Civil Divison

case no. 00-6324-CI  Divison: 8

Mathew Macintyre, a minor child, Plaintiff vs. K2 Inc., a foreign corporation and J & R Bicycle shop, defendant,

The left crank separated from its axle while Matthew MacIntyre was riding the bicycle shortly after it was purchased, causing him to crash and suffer injury. I determined that the crank fixing nut was improperly threaded, so that it tightened down on the threads of the axle without holding the crank firmly; it subsequently unscrewed. I testified in deposition, consulting for the plaintiff's attorney,

James A. Sheehan, Esq.
341 Third Street South
St. Petersburg, FL.  33071

***

Commonwealth of Massachusetts

Norfolk, SS. Superior Court Civil Action No. 00-01213

Linda Fogel, Plaintiff, v. Alvin S. Park and Bernice E. Park, Defendants.

Plaintiff Fogel was cycling along a street to the right of motor vehicles in slow traffic when a motorist coming from the opposite direction turned left in front of her. They collided and Fogel was injured. I testified in deposition as to the probable causes of the collision having to do with sight line issues. Case isLast I knew, the case was pending. I worked with the plaintiff's attorney,

James V. Marano,
Kushner & Marano, P.C.
1231 Washington Street
Newton, MA 02465
617 244-1744

***

Court of Common Pleas, Gallia county, Ohio

Case no. 01CV69

Roger Gibson, Executor of the Estate of Brian M. Gibson, Deceased v. Marianne Metzler, Boy Scouts of America, Inc., et al.

The deceased was a 12 year-old boy participating in a group bicycle ride conducted to fulfill a Boy Scout Merit Badge requirement. He rode out across a highway into the path of an approaching car, at a time when another vehicle traveling in the opposite direction had just passed. I testified about issues of the cyclist's need to check in all directions, childrens' unreliability in doing so, and the lack of adequate supervision and instruction. The case was settled. I testified in deposition, working with the plaintiff's attorney:

Stephen Nord, Esq.
Offutt, Fisher and Nord
949 Third Avenue, Suite 300
Post Office Box 2868
Huntington, WV 25728-2868
304 529-2868
http://www.ofnlaw.com/

***

United States District Court, District of Massachusetts

Case no. 01-12176-DPW

Susan Heinz vs. Dorothy E. McFalls

The plaintiff parked her car next to the road, got out and began walking across a road in Chilmark, on Martha's Vineyard, Massachusetts, to take a picture. A motor vehicle was approaching from her right in the far lane, preventing her from crossing into that lane. Ms. McFalls, approaching from the plaintiff's left on her bicycle, did not slow on seeing the pedestrian in the roadway, but called out and attempted to pass between Ms. Heinz and the parked car. Ms. Heinz backed up on hearing Ms. McFalls, and the two collided. Ms. Heinz was seriously injured. I testified about the likely factors in the crash including Ms. McFalls's having been riding on the shoulder, where she would not have been visible in Ms. Heinz's rear view mirror or upon first opening the door, and Ms. McFalls's lack of caution. The case settled. I am working for the plaintiff's attorney,

Scott E. Charnas
220 Commercial Street
Boston, MA  02109
617 557-4700
http://www.mancharlaw.com/Profiles/profile_char.htm

***

Circuit Court of the 15th Judicial Circuit, in and for Palm Beach County, Florida, Civil Division

Case No. CA 01-8873-AB

Susan Ball v. Mohammed M. Hossain, Bogum R. Hossain, WBS Management and Acquisition, Inc., Greentree Plaza, L.L.C.

Ms. Ball was riding her bicycle on a sidewalk, opposite the direction of traffic in the adjacent travel lane of the roadway. The sidewalks was adjacent to an opaque fence and hedge. Ms. Hossein was exiting a driveway from the Greentree Plaza shopping center in her motor vehicle, which collided with the bicycle. Ms. Ball claimed that Ms. Hossein should have yielded right of way and the shopping center should have provided a larger sight triangle at the driveway. I testified about the hazards of riding on sidewalks and issues of sight distance and required sight triangles; specifically, that a sight triangle specified for vehicles traveling at 20 miles per hour would be necessary to assure that a cyclist would be visible to a motorist at this location. I worked for the attorney for WBS Management and Acquisition, Inc.,

Diran Seropian, Esq.
Peterson, Benard, Vandenberg, Zei, Geisler & Martin
1550 Southern Boulevard, Suite 300
West Palm Beach, FL  33406
561 686-5005

***

Third District Court, State of Utah

(case number still unknown to me)

Willnow v. Target Stores, et al.

Scott Willnow, aged 10 years, was riding a bicycle borrowed from his sister when he failed to stop on a downhill grade, and collided with a pile of rocks at the far side of a T intersection at the bottom of the grade. A companion on another bicycle did slow and stop in the same grade. The case settled. I testified as to the performance of the brakes of the bicycle Mr. Willnow was riding, working for the plaintiff's attorney,

Robert B. Dahle, Esq.
Nelson, Snuffer, Dahle & Poulsen, P.C.
10885 South State Street
Sandy, UT 84070
801 576-1400
http://www.nsdplaw.com/

***

State of Michigan, Circuit Court for the County of Bay,

Case No. 02 3410 NZ S

Stephanie Schmidt as personal Representative of the Estate of Duane F. Regan, deceased, v. Bay Vac and Pedal, Raleigh America, Inc., and Cycle Bid Co.

Mr. Regan was riding on a sidewalk approaching a driveway when he suddenly and inexplicably flew forward over the front of his bicycle. The handlebars were turned 360 degrees and the cables were wrapped around the head tube. I testified in deposition as to the effect of this condition on ability to control the brakes, and the likelihood that Mr. Regan would have noticed that there was a problem. Last I knew, the case was still in the discovery stage. I consulted with the plaintiff's attorney,

Victoria A. Valentine
5767 West Maple Road, Suite 400
West Bloomfield, MI 48322
248 851 3010
http://www.lawyers.com/valentinelaw/jsp2400641.jsp

***

United States District Court, Southern District of New York

Index no. 02 Civ. 6763

David DeRienzo vs. Trek Bicycle Corporation

Mr. DeRienzo rode his bicycle off a ledge on an off-road trail, and when he landed, the frame broke apart. I testified in deposition as to the condition of the bicycle, the construction of bicycle frames, and the forces exerted on the frame during landing. I consulted with the plaintiff's attorney,

Michael Kolb, Esq.
Larkin, Axelrod, Trachte & Tetenbaum, L. L. P.
34 Route 17K
Newburgh, NY 12550
800 LAW-5141
http://www.law5141.com/Bio/MichaelKolb.asp

***

Lucas County Common Pleas Court

2001-4466

James L. Reilly, etc., at al., vs. Dick's Sporting Goods, Inc., et al.

13 year old James Reilly was riding his newly-purchased suspension bicycle when the front wheel came off. Rather than using the usual internal cam, the quick-release used a concave washer which was free to rotate. If closed with the external cam resting on the flats of the washer, then opened, the washer would rotate and then the wheel would be free to exit despite the secondary retention device ("lawyer lips") on the fork blades. In addition, the forkends were splayed outward, a manufacturing defect. I testified in deposition, consulting for the defendant Dick's Sporting Goods's attorney,

Michael Manahan, Esq.
Manahan Pietrykowski Bamman & Delaney
414 N. Erie St., Suite 300
Toledo, OH 43624-1638
419 243-6148
http://www.mpdwlaw.com/

***

United States District Court for the Southern District of West Virginia at Charleston

Civil Action No. 2:03-00224

Clifford Patrick and Karen Patrick, individually and as next friend and natural mother of Matthew, v. Dynacraft Industries, Inc., a Corporation and Toys R Us., Inc., Defendants.

The handlebars of 8 year old Matthew Patrick's bicycle came loose and turned in one direction, while the front wheel turned in another. Matthew took a fall and was injured. Inspection of the bicycle revealed that the top block had loosened from the quill of the stem, a two-part press-fit assembly. Statements by relatives established that the stem bolt was loose immediately following the crash; it could only have loosened over a period of time, not during the crash. Furthermore, the quill was seized inside the steerer tube, explaining how the handlebars could steer even with a loose stem bolt. I examined the bicycle, and testified in deposition. The case was settled. I was retained by the plaintiff's attorney,

Cynthia M. Ranson, Esq.
Ranson Law Offices
Bank One Center, Suite 1711
Post Office Box 3589
Charleston, WV  25336-3589
304 345-1990
http://www.ransonlaw.com/

***

Massachusetts mediation proceeding

(information incomplete)

Anthony Nsubuga-Kiberu v. Barbara Holland

The plaintiff indicates that he was riding lawfully along an arterial roadway when the defendant failed to yield at a stop sign to his right and struck him. The defendant claims that the plaintiff rode from the sidewalk into the street. I inspected the bicycle and medical records, and determined that they supported the plaintiff's claim. I do not yet know the outcome of the case. I testified in a mediation proceeding. I consulted for the plaintiff's attorney,

Gordie Daniels, Esq.
5 Pleasant Street, Suite 4
Worcester, MA  01609
508 754-7935
http://www.danielsahluwalia.com/

***

Circuit Court of Cook county, Illinois, County Department, Law Division

02.L 8978

Angela  Limberopoulos, individually and as special Administrator of the Estate of Louis Limberopoulos v. Esther Park and Patmont Motor Werks, a foreign corporation

The parents of Louis Limberopoulos, who was 12 years old, had purchased a gasoline-powered (stand-up) scooter for him. Riding home from a friend's house after dark, he entered an intersection against a red light, crossing from left to right on the near crosswalk, was struck be a car and was killed. However, the scooter was not equipped with any lighting system. I testified in deposition about  the geometry of the intersection, the utility of a headlamp in preventing collisions, and the effect of Louis's conduct in leading to the collision. Case was settled. I was retained by the plaintiff's attorney,

James B. Zouras
Touhy & Touhy, Ltd.
161 North Clark Street, Suite 2210
Chicago, IL  60601
www.touhylaw.com

***

State of Minnesota, County of Sherburne, District Court, Tenth Judicial District

Court File No. C2-01-000907

Scott Nelson by his mother, natural guardian, and Special Conservator, Gloria Marie Stone vs. Julie Ann Tice and David Tice

Scott Nelson, 39 years old, was bicycling to work along a divided highway as he crossed the mouth of an exit ramp. He was halfway across the mouth of the ramp, with enough room on either side for a motor vehicle to overtake him, when struck from behind by Mrs. Tice's vehicle and seriously injured. I testified in deposition as to the correct and accepted means for a bicyclist to cross an exit ramp, and as to what a bicyclist should do when between lanes of traffic and being overtaken by motor vehicles. Case was settled. I testified in deposition, consulting for the plaintiff's attorney,

Fred Soucie
Soucie & Bolt
100 Anoka Office Center
2150 Third Avenue North
Anoka, MN  55303
800 499-2394
www.soucielaw.com

***

Circuit Court of the Eighth Judicial Circuit in and for Alachua County, Florida

Case No. 01-2003-CA-002846

Nancy D. Garber, plaintiff vs. Speedplay, Inc., a California corporation and Primo Bicycle Works, Inc., a Florida corporation, defendants.

Plaintiff Nancy Garber was executing a turn in a driveway when her recumbent bicycle lost traction. As the bicycle fell over, her foot became twisted and she injured her knee. She claimed that the injury resulted from failure of the clip-in pedal to release. Case was settled. I testified in deposition, consulting for the plaintiff's attorney,

James A. Clark
Alley Clarke Greiwe Fulmer
701 E. Washington St.
Tampa, FL 33602
(800) 840-0977
www.tampatriallawyers.com

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United States District Court, Eastern District of Kentucky at Pikeville

Case No. 7:05-CV-225-KKC

Jessie Lopez, a minor who brings this action by and through his father and next friend, Jacinto Lopez vs. Wal-Mart, Inc., John Doe, an unknown bicycle repairman employed by the defendant, Wal-Mart, Inc.

Jessie Lopez rode his bicycle down a driveway and was injured when he was unable to stop; the chain fell off and the coaster brake was no longer operable due to a loose bottom bracket. Plaintiff's father had testified to several attempts to get the bicycle repaired or replaced by the defendant. The case was settled. I testified in deposition, consulting for the plaintiff's attorney,

Billy Moseley
Law Office of Lawrence R. Webster
163 Main street, Suite 2
PO Drawer 712
Pikeville, Kentucky 41502
606 437-4029

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

CIV NO. 05-1191 JP/WDS

STACY LOCKLEAR, individually and as Parent and Next Friend of RYAN LOCKLEAR, a minor Deceased, and MARJORIE "MISSY" LOCKLEAR, individually and as Parent and Next Friend of RYAN LOCKLEAR, a minor, Deceased, Plaintiffs, vs. KMART CORPORATION, CYCLE SOURCE GROUP, LLC, and/or NINGBO LITTLE STAR CYCLES CO., LTD., and STREET FLYERS, LLC, Defendants and KMART CORPORATION, and STREET FLYERS, LLC, Cross-Claimants/Third Party Plaintiffs v. CYCLE SOURCE GROUP, LLC, and/or NINGBO LITTLE STAR CYCLES CO., Cross-Defendants, and GREAT AMERICAN E & S INSURANCE COMPANY, Third-Party Defendant.

Three-year-old Ryan Locklear died of asphyxiation after ingesting a 1/4-inch bearing ball which, according to testimony from his parents, was one of two loose inside the box in which a bicycle purchased for Ryan was delivered partially assembled. I disassembled the bicycle and found that two bearing balls were missing from the right side of the bottom bracket. The parents also testified that the box had been unopened as they received it, and before my disassembly, however, the bottom bracket was in good adjustment so no bearing ball could have escaped to the outside, raising difficult questions about when and how bearing balls could have escaped. the case was settled. I testified in deposition, consulting for the attorney for Cycle Source Group LLC,

Mark A. Glenn
MOSES, DUNN, FARMER & TUTHILL, P.C.
612 First St., NW
Albuquerque, NM 87102
www.moseslaw.com

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United States District Court, Northern District of Indiana, Fort Wayne Division

1:07-CV-0205

Kalah Peoples and Julian Buitrago v. Wal-Mart & Pacific Cycles, Inc.

Kalah Peoples was riding her nearly new bicycle on a street in her neighborhood when the handlebars detached. Inspection of the bicycle and testing of an exemplar bicycle revealed that, once the handlebar clamp bolt had detached from the stem, the handlebars could easily open the stem and the handlebars would detach. Ms. Peoples maintained that there was no sign that the problem was about to occur. Photographs provided by the defendant showed that the stem had been altered subsequent to the crash, making it difficult to evaluate evidence..

Julian Buitrago was riding his suspended mountain bicycle on a sidewalk when he descended over a curb-like edge and the suspension extended fully, then came apart at the junction of the stanchions (fork blades) with the fork crown. Inspection revealed that the stanchions had been press-fit into the aluminum crown and that the press fit was inadequate to retain them.

This case was divided into two separate cases with the same case number, each with a suffix. Both cases settled. I testified in deposition in both cases, consulting for the plaintiffs' attorney,

Robert J. Boughter
Boughter Law Firm
27 W Berry Street, Suite 1001
Fort Wayne, IN 46802-2310
877 750-4878
http://boughterlaw.com

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District Court, Clark County, Nevada
Case no. A522182
John Annesley vs. Norma Ellman, Does I-X and Roe Corporations I-X, inclusive

John Annesley was riding his bicycle lawfully after dark, with a red taillight and under overhead lighting, near the right side of a lightly-traveled four-lane street.. Norma Ellman's vehicle struck him from behind, resulting in lingering orthopedic injuries.. Tire marks as recorded by police and Mr. Annesley and a friend provided that Ms. Ellman was not in control of her vehicle -- it had gone up onto the right sidewalk at the time it struck Mr. Powell, and then turned back out into the roadway, coming to a stop in the second lane form the curb. I inspected the bicycle, reviewed documents, prepared a report and gave a telephone deposition. The case settled. I consulted for the plaintiff's attorney,

Paul D. Powell , Esq.
The Powell Litigation Group, P.C.
9525 Hillwood Avenue
Las Vegas, Nevada, 89134
702 288 7200
http://www.powelllawgroup.com/

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Court of Common Pleas of Allegheny County, Pennsylvania
Civil Division GD 07-006212 Issue No. 189248
Michelle McDaniel and Gordon McDaniel, her husband vs. GES Exposition Services, Inc., James J. Flynn, Sean Savini and David Siyufi

Michelle McDaniel was a police officer employed by the University of Pittburgh. Shortly before midnight on the night of the Home Run Derby preceding the All Star Game held in Pittburgh, she was in a group of four police officers riding on the roadway of the Roberto Clemente Bridge, which had been closed to traffic for installation of a red carpet in celebration of the event. Two workers for GES had lifted a chalk line (string) above the roadway, positioning it to mark the roadway for installation of the carpet. One officer saw the chalk line and called out "wire." All braked; McDaniel pitched over the front of her bicycle and injured her wrist; the others stopped safely. I testified in court on bicycle handling and control. The plaintiff won but the jury granted her a small award, and the defendant regarded this as a favorable outcome. I was retained by the attorney for GES,

Adrian Mendoza
Lillig & Thorsness, Ltd.
1900 Spring Road
Suite 200
Oak Brook, IL 60523
(630) 571-1900
http.lilliglaw.com/

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Supreme Count of the State of New York, County of Queens

Gregory Preus, by his mother and natural guardian, Carol Preus, Plaintiffs, against S. Bellitte & Sons, Inc., d/b/a Bellitte Bicycles and Pacific Bicycle, Inc.

Gregory Preus was riding his GT Compe Freestyle bicycle, which he had owned for less than two months, when the left crank came off. He suffered injury as a handlebar end impacted his abdomen. Issues in the case are whether the separation of the crank resulted from abuse of the bicycle, or from faulty manufacture or assembly.

I submitted an affidavit in this case. I was retained by the plaintiff's attorney,

Robert E. Trop. Esq.
Besen & Trop, L.L.P.
825 East Gate Boulevard
Suite 306
Garden City, NY 11530
516 745-1800
http://besentrop.com

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United States District Court, Eastern District of Kentucky at Pikeville

Case No. 7:09-CV-00108-ART

Jessie Lopez, a minor who brings this action by and through his father and next friend, Jacinto Lopez vs. Boan Bike (Shenzhen Company Ltd. and Top Image International Incorporated).

See previous information on case against another defendant. I testified in deposition, retained by the plaintiff's attorney,

Billy Moseley
Law Office of Lawrence R. Webster
163 Main street, Suite 2
PO Drawer 712
Pikeville, Kentucky 41502
606 437-4029

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Superior Court J. D. of New Haven
HHD CV 09 5030268S
Daniel Lewis v. Habitat for Humanity of Greater New Haven

Daniel Lewis was riding on a highway on a transcontinental bicycle tour which was a fund-raising effort for Habitat for Humanity when he suddenly turned left into the path of an overtaking motor vehicle. He was severely injured. Case settled. I testified in deposition, retained by the attorney for defendant Habitat for Humanity,

Mark Riley,
Conway and Stoughton, LLP,
643 Prospect Avenue,
West Hartford, CT 06105
860 523-8000
www.conwaystoughton.com

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Iowa District Court in and for Johnson County
LACV072001
BRIDGID RUDEN, TODD RUDEN, individually and on behalf of MEGHAN RUDEN, RYAN RUDEN, and MOLLY RUDEN v.
CITY OF CORALVILLE, SHIVE-HATTERLY, INC., HORSFIELD CONSTRUCTION, INC., and all other KNOWN AND UNKNOWN PARTIES

BRIDGID RUDEN, TODD RUDEN, individually and on behalf of MEGHAN RUDEN, RYAN RUDEN, and MOLLY RUDEN v.LACV072087
STATE OF IOWA, an all other KNOWN AND UNKNOWN PARTIES

Bridgid Ruden was riding her bicycle on a designated shared-use path when she took a fall in mud which had accumulated due to poor design for drainage and poor maintenance. She sustained serious head injury. I testified in deposition, retained by the attorney for the plaintiffs,

Tim Semelroth
Riccolo and Semelroth
425 Second Street, S.E.
Suite 1140
Cedar Rapids, IA 52401
888 546-6529
riccololaw.com

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UNITED STATES DISTRICT COURT, DISTRICT OF MASSACHUSETTS
C.A. No. 11-CV-30203-KPN
ELI DAMON vs. DENNIS HUKOWICZ, individually and as Chief of the Hadley Police Department, MITCHELL KUC and MICHAEL MASON

Eli Damon was repeatedly harassed by officers of the Hadley police department while legally riding on Massachusetts Route 9 in Hadley. I testified in deposition as to correct and safe riding practices, retained by Mr. Damon's attorney,

Andrew M. Fischer
Jason & Fischer
47 Winter Street
Boston, MA 02108
617 423-7904
http://jasonandfischer.com


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