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Bike rider files suit against city for severe fall
By Stephanie Flemmons, Staff Writer
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.”
“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 sflemmons@acnpapers.com
The following are comments from the readers.
In no way do they represent the view of Starlocalnews.com
In no way do they represent the view of Starlocalnews.com
David wrote on Apr 24, 2009 10:16 PM:
" Was the bike rider "BLIND". At some point people have to accept responsibiltiy for being an idiot. I'm sorry the guy got hurt, but be a man about it. "
Joseph wrote on Apr 26, 2009 11:45 AM:
" We can always blame other people for our troubles and there will always be attorneys taking cases, only to line their own pockets. This has slowed down our judicial system to a crawl.
Take repsonsibity in your actions and dont blame others for your misfortunes. "
Take repsonsibity in your actions and dont blame others for your misfortunes. "
Larry wrote on Apr 26, 2009 6:43 PM:
" Maybe he shouldn't be riding while he's in 'serious despair'. "
Jimmy wrote on Apr 26, 2009 10:56 PM:
" It is a MOUNTAIN BIKE trail. It's hard to fathom how a dirt trail for off road riding could be in "disrepair" or poorly designed. Perhaps he should had stayed on the sidewalk if he was not experienced enough for trail riding. It's typical to sue everybody who had anything to do with the accident, and hope somebody will throw some money your way, why isn't he suing the bike manufacturer too? "
JDC wrote on Apr 27, 2009 9:32 AM:
" These trails are DIRT. They are for off-road mountain bikes. What ever happened to assumption of risk and common sense?
The City should file a Rule 11 motion and ask for sanctions against the attorney for this nonsense. "
The City should file a Rule 11 motion and ask for sanctions against the attorney for this nonsense. "
TCKT wrote on Apr 28, 2009 6:29 PM:
" This is so unacceptable. They need to get other Mtn bikers to come testify for the city on how stupid this guy must be and how he is a disgrace to the mtn biking community. "
Jamie wrote on Apr 30, 2009 6:50 AM:
" I agree guys. It was an awful fall, but come on! Don't go on a trail if you arn't experiemced, or if you do, proceed slowly!! THe city has MILES of paved trails.
Great, now they'll be less funds for everyone else. "
Great, now they'll be less funds for everyone else. "
Jeff wrote on May 1, 2009 12:28 PM:
" If this guy gets that local trail shut down, he is going to be real unpopular. "
Steve wrote on May 5, 2009 7:35 AM:
" what an idiot. I guess if it is a dirt trail maybe he needs to file a class action suit against all of humanity since we are the ones living on the plaet and therefore we are the ones who have changed how mother nature repairs herself. again what a dufus. get a life. "
Steve wrote on May 5, 2009 7:40 AM:
" I wonder if this is the same guy that shows up in Murphy texas that lives in a $300k home. maybe he is behind on his mortgage and needs a little "stimulus" money to make his payments. "
Andrew wrote on May 5, 2009 1:32 PM:
" AHAHAH.. really? Arbor Hills is the 'weakest' trail there is around here. If there's a classification for this trail, it would have to be a 2/10. A 2 for being off-road... and also that children have been able to master this course! Honestly, it's DIRT.. you're moving FAST.. and, oh did i mention IT WAS YOUR CHOICE TO PERSUE THE TRAIL! Good Day Chump "
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