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Accident Injury Lawyers
Philadelphia, Pennsylvania
by Yvette Ousley
Daily News Staff Writer
It was a warm day in April and students at Penn State were taking full advantage of it. Derrick Kennedy decided to go for a ride on his Raleigh mountain bike. Little did he know the ride would be his last.
Shortly after setting out, Kennedy squeezed the hand brakes. But instead of a smooth, gradual stop, the bike halted suddenly, pitching Kennedy, then 25, over the top of the handlebars. He suffered a broken neck and was paralyzed, unable to move either his arms or legs.
Once an aspiring psychologist who had lettered in track at West Catholic High, Kennedy now was unable to get himself out of bed without help.
He sued Raleigh Derby Cycle Co. the bike's manufacturer and Shimano, Inc. the brake manufacturer. He also sued Wolff Cycle the West Philadelphia store that sold him the bike.
Last week a Common Pleas jury awarded $13.5 million to the 31 year-old quadriplegic, saying the braking system on his bike was incompatible with the bike design.
The award could reach nearly $17.5 million when interest is added, said Kennedy's lawyers ELIOT HILLEL LEWIS and GERALD JAY POMERANTZ.
However, Raleigh and Wolff will not have to pay any of the award because they settled with Kennedy for $4.5 million before trial, LEWIS said. It's unclear whether Shimano the world's largest maker of bike components, will have to pay all or only a portion of the award.
Under the agreement with Raleigh, Kennedy will receive an initial payment of $2,054,421, then monthly payments for life beginning at $6,815 with a three percent annual increase, and six lump-sum payments totaling $285,000 over 30 years.
"He's thankful that the jury awarded the money," said LEWIS. "He wants to go to school, get his degree and contribute to the community." Kennedy is now a student at Allegheny University and plans to graduate next year.
The money also will allow Kennedy, of West Philadelphia, to buy a home and live independently of his mother, LEWIS said. He has been living in her dining room since the accident.
Thomas Kuzmick, the attorney for Raleigh couldn't be reached yesterday. And Bruce Chasan, the attorney for Shimano didn't return a call seeking comment.
But, Harry G. Mahoney, the lawyer for Wolff Cycle, said the verdict was fair.
Kennedy purchased the bike in May 1990. His accident occurred April 2 1991. During a 15-day trial, Kennedy convinced 10 of the 12 jurors that the bike had a defective braking system.
The hand brakes on Kennedy's mountain bike are much like those on a standard 10-speed bicycle. Each hand brake is connected to a wire cable - one for the front wheel, another for the back. The cables run from the hand brakes down to the small brake shoes that clutch each wheel whenever the rider squeezes the hand brakes. This causes the wheels to stop turning.
Experts for Kennedy told the jury of eight women and four men that on the day of the accident, the cable for the front brake broke causing another cable to fall and snag on the knobby front tire as a result, the bike stopped suddenly throwing Kennedy over the handlebars.
The jury deliberated five to six hours over two days after the trial in Judge Paul Ribner's courtroom before finding that Shimano's brakes and Raleigh's cycle were defective.
LEWIS said the jury awarded money to Kennedy based in part on a life plan presented by lawyers showing how much it would cost Kennedy to live as quadriplegic.
"The most important thing is that there are thousands of mountain bikes with these brakes being guided by roller pulleys" said POMERANTZ. "People should know that they're dangerous."
Contact the attorneys in Philadelphia at Pomerantz Perlberger & Lewis today to put over 100 years of combined experience on your side.
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