Saturday, October 19, 2013

Three New Yorkers Sue after Tripping over Tourist’s Bike Trap

Citi Bike parking stations are causing a hazard to pedestrians in Manhattan

The new Citi Bike program in New York, New York is running into a few stumbling blocks. Three personal injury claims have recently been filed against the city, stating that the Citi Bike docking stations not only take up precious parking spots, they are also health hazards, according to the legal filings. The filings move to sue the city over injuries sustained when the otherwise graceful New Yorkers tripped over the Citi Bike parking stations earlier in the year.

Diana Mathes, 63, Howard Orlick, 52, and Lashonne Shelton, 50, are alleging they were victims of the "trap-like" condition created by the newly installed bicycle racks. The filings are notices of claim and are the first step in suing the city for putting the controversial, yet popular racks in their way. They are the first personal injury claims originating from the Citi Bike program that was launched in May of this year, says the city Controller's office.

Mathes' claim states the grey stand "was camouflaged by the roadway." The rack had a number of colorful bicycles in it at the time but she was "caused to and did trip and fall as the result of a defective, dangerous and hazardous trap-like condition." She says it is a "defective bike stand." Mathes broke her arm in the incident and claims "serious and permanent physical and psychological damages." She plans to sue for $5 million and her husband, David Hausfeld, is suing for "loss of services" of his wife for $250,000.

Orlick, who is legally blind, is seeking $500 in damages he suffered when he hurt his ankle on the rack. The blind man says the rack is an optical illusion created by the same color street and sidewalk. "Visually, it looks l like the bike rack is on the sidewalk, because it is the same color as the sidewalk. However, it actually is the street," he writes. "May I suggest you paint the bike rack base a different color, like black?"

Shelton, who works for the NYPD, is suing for $1 million over leg, back and neck injuries she suffered when she had a run-in with the notorious bike rack. Her lawyer, Mark Grodberg said, "It's our claim the bike rack was positioned in a manner that created a dangerous and defective condition." Her injuries "may be permanent," he claims. "She understands the bike system is good for the tourists, but she notes that it's also a significant nuisance."

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