The END of MTBing as we know it.- Mtbr.com
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  1. #1
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    Bonking ... not feelin' well The END of MTBing as we know it.

    This is just great... Please read on

    http://www.celinarecord.com/articles...r/news/819.txt


    A civil suit was recently filed against the city of Plano for failing to maintain a bike trail at Arbor Hills Nature Preserve, causing a man to suffer severe injuries.

    According the plaintiff’s attorney David Pacione, his client was riding his bike along the trails of the park and hit an area in serious despair.

    “My client took a fall and seriously injured himself,” Pacione said. “He did a face plant, fractured bones in his face and had to have plastic surgery.”

    Pacione said his client, Corey Lewis, made several attempts to negotiate with the city and the path designing company, Mesa Design Associates, Inc., to resolve the issue informally.

    “They both stated they have no liability,” Pacione said. “My client is standing here with multiple bills and damages accrued from the incident. They don’t believe it is their responsibility.”

    Pacione said on April 15, 2007, Lewis hit a portion of the dirt trail that had some erosion issues. He said not only was the path improperly designed and maintained, but as a secondary condition there were no warnings posted.

    “It’s city property,” Pacione said. “They have certain duties, immunities and protections under the law. They could have fixed the area or warned pedestrians at the bare minimum.”

    The case was filed at the County Court at Law April 14. Pacione said once the parties answer the suit he will better determine who was responsible for the faulty design.

    Contact Stephanie Flemmons at [email protected]

  2. #2
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    "hit" an area? did it just give way or was he not paying attention? Most trails have warning signs at the trail head with the general disclaimers of the activity don't they? Sounds like inattentiveness and failure to control my vehicle. was he pinning it and became a prisoner of inertia?!!? sounds fishy...like shark fishy

  3. #3
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    What a MORON !! Mountainbiking is DANGEROUS !! HELLO !! someone needs to put that guy in check !!

  4. #4
    blet drive
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    doofis needs to ride on a paved sidewalk. eeerr thing like this are so frustrating to me, it is not there fault that your an idiot..
    Save a tree & wipe your butt with an owl.
    Thank your local Sierra Club.

  5. #5
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    Someone needs to give him some training wheels, streamers for his handlebars and a pink Barbie bike because that's all he deserves to ride if he's trying to blame someone else because he injured himself while mountain biking. Wow, some people are just retarded.
    2008 Specialized Safire Comp

  6. #6
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    he was probably riding with his attorney at the time...shame on these douchebags...you're in TEXAS...cowboy up to your own ****.

  7. #7
    WCC
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    Perhaps he should sue the bicycle manufactor also.

  8. #8
    MyBikeStand.com
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    This is what caused the downfall of Big Bear in California. Once home to some of the best downhill racing as well as many a dual slalom race. All it took was two seperate cases where attornies twist the facts to gain a dollar. I always assume my own resposibilities and accept that my skills are what determine my outcome. This is as dumb as the attorney suing for the kid playing soccer and twisting his leg due the the grass being a 1/4 too tall.

  9. #9
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    some people should wear full body armour

  10. #10
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    Some people should wear a body bag.

  11. #11
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    Always has to be somebody else's fault. "As long as it is somebody with money"...Seems to be the American way nowadays, and we just keep going deeper in the shitcan!

  12. #12
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    I suspect he was sporting a pair of ryder sunglasses at the time of the incident.

  13. #13
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    He deserves to break his neck for pulling this stuff!

  14. #14
    govt kontrakt projkt mgr
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    lol--what a classic thread that is.


    Quote Originally Posted by rafdog
    I suspect he was sporting a pair of ryder sunglasses at the time of the incident.

  15. #15
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    Do not wish him bodily harm. It is clear he is an idiot and hopefully the City does not give in to these scare tactics. Sounds like he was not wearing a helmet, what type of bike was he riding, if it was a dept. store bike then I was the City I would argue that he was riding a bicycle that was not intended to be ridden off-road and therefore it was equipment failure not issues with the trail.

  16. #16
    Citizen Of Earth
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    It doesn't matter. All it will do is force the city[cities] to put more money or at least allow more volunteers to work on the trails. Some of you may say "well the city could just pull fuding and be done with it"; not at the cost of losing the support of the cycling community they wouldn't. Especially when those are voting citizens paying taxes inside city limits. Not to mention the revenue that is generated by traveling cyclists whom stay in local hotels, eat at restaraunts, and do other things that support the local economies. Not to mention state parks.

    Just don't be so negative when people sue...this guy, Corey Lewis, will hopefully lose the suit and be out even more money for being such a wreckless jackass. If he has a brain left he'll stay away from the mountain biking community and throw his clipless shoes away. I'll admit, he's a dousche and will get what karma has in store for him later down the road if he does win.

    Don't sweat it though, everyone hates mountain bikers anyway. Selective hearing has shown people that tires cause more erosion than human feet [false], less erosion than horse hooves [false], and riding on wet soil ruins all trails [partly false].
    "If your not living on the edge, you're taking up too much space." ~ J. Whittaker

  17. #17
    Currywurst
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    wow...stay on the road , or better yet, a paved , cycle specific trail you asshat..this kinda shiz really pisses me off...

  18. #18

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    There's a weird issue here. Mountain biking is inherently dangerous, and I myself have had problems with a local bike group neglecting trails, and only showing up when people were so frustrated they maintained them without the support of the club. Generally, the club actually destroyed the effects of the work because proper studies and all that weren't done.

    Anyhow, in that light, it almost makes me think back to that and if they were negligent and neglectful, then this might be a lesson to them.

  19. #19
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    douche bags like that should be wrapped in bubble wrap and locked in a closet.

    what people will pull for money.
    GT idrive 4 need to find some more trails out here!!!!!!!!!!!!!!!!!!!!!!!

  20. #20
    No Knuckle Crew
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    This kind of crap really will add up over time and change the whole MTB sceene. When I was a kid we could legally ride dirt bikes "motorcycles" up and down the Canadian River from one ranch to another. Somewhere in the late 80's we started seeing the "no tresspassing or unathorized vehicle" signs and today you are in deep crap for riding down there outside of the small state owned portion. If you source back, several lawsuits over people getting hurt on private property spurred the change of heart. Same thing goes to hiking through Colorado - 25 years ago you could just head out into the mountains and noone would think twice. Now every time you go 5 feet off of a road you see a no tresspassing/hunting sign. Poaching and lawsuits caused that too. The effects of these frivolous lawsuits add up over time and folks do eventually start getting conservative with their property to protect themselves.

    All that being said, you would not immagine the kind of crap that Cities get sued for. I make a living in municipal government and have worked with cities being sued for everything from 18 inches of boat dock to not allowing citizens to hunt deer in the City Limmits . The City should be OK, but it will cost them cash and some bad publicity because some guy wants to blame someone else for his mistake. Unfortunately, this is just part of the risk in running a City... Just like getting hurt is part of the risk in riding mountain bikes.
    I like Texas, ain't it fine here!

  21. #21
    Builder of Trails
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    This falls under standard state recreational use statutes. Hopefully, the city has a good attorney with experience in incidents like these.

    D

  22. #22
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    This probably falls under the doctrine of assumption of risk. This rider should have known, as any other reasonable rider would know, that he could have injured himself while on the trail. That's the nature of mtb. At least that's what I remember from law school. I don't think anything will come of his suit, though it's terrible pr for mtb.

  23. #23
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    My understanding is he was on a trail on the back side of Arbor Hills that is not open to bikers--bandit trail. Happens to be an awesome downhill, but it's not open to bikers. Cry me a river and ride where you're supposed to, bub.

  24. #24
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    Quote Originally Posted by Oregon
    My understanding is he was on a trail on the back side of Arbor Hills that is not open to bikers--bandit trail. Happens to be an awesome downhill, but it's not open to bikers. Cry me a river and ride where you're supposed to, bub.
    Pisses me off to see stuff like this. You ride a bike and fall off and it's somebody else's fault? When possibly riding on a closed trail?

    If he was indeed on a trail closed to bikes the lawsuit should be thrown out and he should be punished/fined to the fullest extent of the law.

  25. #25
    Builder of Trails
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    If this bandit trail is on city land but not marked or blocked so that any rider entering the trail KNEW he was moving from legal trail to illegal trail, it's not as open and closed as you would think.

    D

  26. #26
    BC
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    Another irresponsible idiot. I guess his mommy never told him to look both ways before crossing the street. Doesn't matter who owns the land or what condition it's in, Youre a f'ing tard for blaming someone else for your incompetence and should be publicly hummiliated for suggesting so.

  27. #27
    Wanna ride bikes?
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    Shoulda worn a helmet, simple as that. If he wore one, his face wouldnt have gotten ****ed.

  28. #28
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    Assumption of the Risk Doctrine will mitigate most damages, most likely, in the event he and his attorney decide to file suit. Proving erosion was the but for cause of this gentleman's accident will be difficult for the Plaintiff.

    Just my $0.02 lawschool know how.....

  29. #29

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    What a douche bag slime ball. Its obvious to me he deserved his injuries..suing the city because you cannot ride a bike is ridiculous. Just retarded, straight retarded. The city should laugh in his face and then raise his taxes 30%.

  30. #30
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    Quote Originally Posted by blotter13
    A civil suit was recently filed against the city of Plano for failing to maintain a bike trail at Arbor Hills Nature Preserve, causing a man to suffer severe injuries.
    Anyone know the outcome of this suit? Or is litigation still ongoing?

  31. #31
    blet drive
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    ya they gave him a bubble rap suit for life
    Save a tree & wipe your butt with an owl.
    Thank your local Sierra Club.

  32. #32
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    I hate people.
    **** happens deal with it and don't be a douche bag whiner.

    Common sense and self-accountability!

  33. #33
    Glad to Be Alive
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    Quote Originally Posted by KevinB
    Anyone know the outcome of this suit? Or is litigation still ongoing?
    I would like to know
    the trick is ENJOYING YOUR LIFE EACH DAY, don't waste them away wishing for better days

  34. #34
    Wanna ride bikes?
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    Quote Originally Posted by SHIVER ME TIMBERS
    I would like to know
    Seconded.

  35. #35

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    Went to Arbor Hills for the first time today to see if I could find this "bad area". Nothing just your average single track MTB trail snaking through the woods. Every trail has areas where if you over-do it it will bite you. I did however notice it was a busy place even on a Thursday, good times though.. I think the large MTB presence there will keep the area open to MTB and hopefully stuff like this will be isolated and rare..

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