FORT LAUDERDALE, Fla. (BRAIN) — A U.S. district judge dismissed a Florida woman's lawsuit against Walmart when the front wheel of an e-bike purchased from the retailer detached and injured the rider.
Jeffrey T. Kuntz granted Walmart's motion to dismiss without prejudice Friday. Therese Evans, identified as the natural parent and guardian of the rider who is a minor and identified in court documents as "L.E," filed the suit on his behalf in July in Palm Beach County Circuit Court. The case was eventually moved to the U.S. District Court.
The lawsuit alleged that Walmart should have known about complaints, customer reports, warranty claims, product failures, and other information that Ridstar e-bikes presented a safety risk. In June, the Consumer Product Safety Commission issued a second warning in the past three months about some Ridstar e-bikes, including one concerning the front wheel detaching without warning.
However, Kuntz wrote Evans did not provide factual information to support that Walmart "knew or should have known" that would have alerted the retailer about the e-bike's defect. "The only direct factual allegations are the two CPSC warnings issued, but those were issued well after the subject incident occurred."
He also cited the case Foche v. Napa Home & Garden Inc., which determined "a retailer can be liable in negligence in a products liability action only if the retailer can be charged with actual or implied knowledge of the defect."
The lawsuit also alleged negligence against Walmart based on "negligent selection, vetting, and retention of marketplace seller." Kuntz wrote that this claim also does not hold up. "Put simply, while Plaintiff's claims may be possible, they do not meet the plausibility standard required. Plaintiff must show more than simply stating that Walmart knew or should have known without providing any allegation as to how that knowledge would or should have been imputed on Walmart."
On Nov. 1 last year L.E. was riding the Ridstar e-bike purchased from Walmart on Aug. 29 when the front wheel detached. He was thrown and suffered "severe and permanent injuries." On Aug. 14, medical bills were presented that totaled in excess of $120,000. Evans was asking for damages in excess of $50,000, all costs, pre-judgment interest where applicable, and a jury trial.
Kuntz wrote Evans can file an amended complaint on or before Nov. 6.
