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  1. #1
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    NYC and Citibike sued for $15 million

    http://www.nydailynews.com/new-york/...icle-1.1704829

    Only a matter of time, and not too much time at that! If he couldn't see that barrier before it was painted orange, he should also have his eyesight checked.

    Tom

  2. #2
    Senior Member bmontgomery87's Avatar
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    While it is kind of stupid to have a curb there, this is to the effect of someone riding into a building and then suing. You clearly aren't meant to ride through the docking station.

  3. #3
    Senior Member rydabent's Avatar
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    A senseable judge should just throw that bit of stupidity out of court.

    Hell look at the picture, if you are so stupid as to be riding into that area, you on your own fool!!!!!!

  4. #4
    Senior Member rydabent's Avatar
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    I would love to be on the jury if that would actually come to a court case. I would vote for $1.98 verdict, a hardy hand shake, and a warning to be careful in the future.

  5. #5
    Member thatcycleguy's Avatar
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    The bottom feeding attorney that took this case should have his license revoked. This is a prime example of why our legal system is so jacked up.
    Last edited by thatcycleguy; 02-28-14 at 10:53 AM.

  6. #6
    20+mph Commuter JoeyBike's Avatar
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    original.jpg

    Did any of you notice that the orange cone and orange paint on the concrete divider were added AFTER the guy got hurt?

    I think he might have a case. I hit one of those things once in an empty parking lot during a rain storm. I was so focused on looking up ahead for my opening (driveway) between two buildings that my peripheral vision didn't alert my brain something was on the ground the exact same color as the concrete below it. Worse than that, I crossed that same place 1000 times before and just forgot about the dividers. Had they been painted "highway yellow" I would have a better chance of noticing them. BTW...my eyeglasses were spotted with raindrops too.

    So my vision was impaired and I wasn't looking at the road, I was looking at the horizon. I got pretty banged up. I never thought of suing anybody but I wished there was a law requiring those things to be painted along with the parking space stripes. I have seen many cars drive right over those things too by accident when they don't paint them bright colors.

    Citybike put that thing in a stupid place that looks like a "walkway" and camouflaged it. I say the victim gets some compensation. He got trapped.

  7. #7
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    I'm sure CitiBikes has some sort of liability waiver you agree to when renting the bike. The city has taken reasonable actions to improve visibility of the barrier after the accident.

  8. #8
    Senior Member Chicago Al's Avatar
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    This is why we can't have nice things.
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  9. #9
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    Quote Originally Posted by JoeyBike View Post
    original.jpg

    Did any of you notice that the orange cone and orange paint on the concrete divider were added AFTER the guy got hurt?

    I think he might have a case. I hit one of those things once in an empty parking lot during a rain storm. I was so focused on looking up ahead for my opening (driveway) between two buildings that my peripheral vision didn't alert my brain something was on the ground the exact same color as the concrete below it. Worse than that, I crossed that same place 1000 times before and just forgot about the dividers. Had they been painted "highway yellow" I would have a better chance of noticing them. BTW...my eyeglasses were spotted with raindrops too.

    So my vision was impaired and I wasn't looking at the road, I was looking at the horizon. I got pretty banged up. I never thought of suing anybody but I wished there was a law requiring those things to be painted along with the parking space stripes. I have seen many cars drive right over those things too by accident when they don't paint them bright colors.

    Citybike put that thing in a stupid place that looks like a "walkway" and camouflaged it. I say the victim gets some compensation. He got trapped.
    Yet your comfortable with running red lights at speed? There's lots of black and grey cars out there.......just saying.

  10. #10
    Senior Member Looigi's Avatar
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    Quote Originally Posted by JoeyBike View Post
    ... I hit one of those things once in an empty parking lot during a rain storm. I was so focused on looking up ahead for my opening (driveway) between two buildings that my peripheral vision didn't alert my brain something was on the ground the exact same color as the concrete below it. Worse than that, I crossed that same place 1000 times before and just forgot about the dividers. ..
    Sounds like you should be suing yourself.
    Ride more. Fret less.

  11. #11
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    Quote Originally Posted by Tpcorr View Post
    http://www.nydailynews.com/new-york/...icle-1.1704829

    Only a matter of time, and not too much time at that! If he couldn't see that barrier before it was painted orange, he should also have his eyesight checked.

    Tom
    I know of other crashes caused when cyclists ran over unexpected and unpainted vehicle stop bars in similar situations, as in parking lots.

  12. #12
    genec genec's Avatar
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    Crap, I once ran into a cable strung across a parking lot entrance... If I knew I could get 15 million for that, I might have told someone.

  13. #13
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  14. #14
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    Quote Originally Posted by thatcycleguy View Post
    The bottom feeding attorney that took this case should have his license revoked. This is a prime example of why our legal system is so jacked up.
    I hear ya, but many work on contingency, so all he'll likely get is expenses covered by the plaintiff.

  15. #15
    Senior Member RPK79's Avatar
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    I wonder if there is even a test or way to prove/disprove loss of taste and smell. It really sounds like an easy claim to make in order to increase your damages in a case.

  16. #16
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    This guy got a ticket for looking at his phone while stuck in traffic? CHP must need the money.

    Yes, the law needs to be revised to include non-talking functions of handheld devices, but perhaps a "while the vehicle is in motion" clause should be added as well.

  17. #17
    Senior Member RPK79's Avatar
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    Quote Originally Posted by spivonious View Post
    This guy got a ticket for looking at his phone while stuck in traffic? CHP must need the money.

    Yes, the law needs to be revised to include non-talking functions of handheld devices, but perhaps a "while the vehicle is in motion" clause should be added as well.
    Wrong thread, but in the correct thread that would have been a good point.

  18. #18
    Home School Valedictorian 02Giant's Avatar
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    Attempting to ensure his retirement is cushy...
    We've got no fear, no doubt, all in balls out

  19. #19
    Senior Member CrankyOne's Avatar
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    Putting that curb there was really stupid. There are numerous alternatives that would have been much safer, like replacing some of those plastic bollards with steel or cement bollards or making curbs with sloped sides so that at least someone on a bike would be more likely to go over it rather then go over their handlebars. Or they could put a couple of bollards on top of it to make it more obvious 'don't go here'.

    Interestingly, they say it's to keep cars from backing in to the kiosk. Apparently it's OK for a car to back in to a pedestrian standing in the crosswalk, but not in to a citibike kiosk.

    And, yes, people are expected to ride there. When I pull bikes out I often get on right there, look for cars coming, and then ride out. The same thing that just about every other citibike user does. I've almost hit those things myself.

    I'm not a big fan of idiot-proofing the world we live in, but putting something like that where someone can reasonably be expected to ride raises the question of needing to idiot-proof the hiring process in NYC.

  20. #20
    Senior Member rumrunn6's Avatar
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    good for him. I love NY shyster lawyers. I hired one to get me off a crazy speeding ticket on 95 and it worked!
    cycling is like baseball ~ it doesn't take much to make it interesting

  21. #21
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    Forgetting for the moment that the asked for damages are outrageous, and not saying the plaintiff has a cause of action since he should be alert,

    BUT

    It is kind of dumb to place an unmarked obstruction of this kind at what appears to be the entrance to the docking area. If I were a juror, I wouldn't award a cent, however good sense says the city should remove the curbs or mark them with a sign saying "STOP, Dismount and Walk bike into docking area".
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  22. #22
    Cycle Year Round CB HI's Avatar
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    So Smiley admits Ronald Corwin was riding around unwary.

    “It constituted a trap for the unwary.”
    Plus, how did he get to the bicycle? Repel from a helicopter or did he have to walk right by the tire block?

    The tire block was grey and the road is black. Seems he needs to have his vision checked. I hope he does not have a drivers license with that vision.

    I hope Citibike counter sues Smiley for damages to the bicycle.
    Last edited by CB HI; 02-28-14 at 04:54 PM.
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  23. #23
    Senior Member rumrunn6's Avatar
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    OSHA has to get involved
    cycling is like baseball ~ it doesn't take much to make it interesting

  24. #24
    Not quite there yet Matariki's Avatar
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    Where I work, we get quite a few reports of pedestrians injured after tripping over these tire stops, even though some of them in key locations are painted yellow. Essentially all of the incidents boil down to two reasons: distraction or impaired eyesight. Although we could remove them all, the fact is that they are there to prevent vehicles from encroaching on pedestrian access routes. Without these barriers, cars will park anywhere.
    Any information, no matter how good, will always under-represent reality.
    -paraphrasing J a r o n L a n i e r

  25. #25
    Home School Valedictorian 02Giant's Avatar
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    Quote Originally Posted by RPK79 View Post
    I wonder if there is even a test or way to prove/disprove loss of taste and smell. It really sounds like an easy claim to make in order to increase your damages in a case.
    Have him try some Denatonium Benzoate and see if you get a response.
    We've got no fear, no doubt, all in balls out

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