Jury found in Walmart's favor in the QR lawsuit



R

rs

Guest
The jury found in favor of Walmart in the front QR lawsuit in Marin county,
California. Despite the fact that the Walmart lawyer's asked the jury to open
a new in the carton bike to check out and the QR on that bike broke in the
jury room, they still found in Walmart's favor, that it was all user error.

Does anyone have more information on this trial and outcome?
 
rs wrote:
> The jury found in favor of Walmart in the front QR lawsuit in Marin county,
> California. Despite the fact that the Walmart lawyer's asked the jury to open
> a new in the carton bike to check out and the QR on that bike broke in the
> jury room, they still found in Walmart's favor, that it was all user error.
>
> Does anyone have more information on this trial and outcome?
>
>

http://www.marinij.com/marin/ci_3495153
 
"rs" <[email protected]> wrote in message
news:[email protected]...
> The jury found in favor of Walmart in the front QR lawsuit in Marin
> county,
> California. Despite the fact that the Walmart lawyer's asked the jury to
> open
> a new in the carton bike to check out and the QR on that bike broke in the
> jury room, they still found in Walmart's favor, that it was all user
> error.
>
> Does anyone have more information on this trial and outcome?
>
>



A QR did break while the jury was evaluating a bike, but the bike was not in
a box when the jury got it. It had been admitted into evidence but had
resided in the judges quarters for most of the trial, out of the box since
the beginning. The jury requested this bike so one juror could explain the
incorrect "wing nut" style of clamping a front wheel into a fork. When the
QR was as tight as it could be made by spinning it tight, the juror tried to
show how the cam mechanism could no longer be used properly. As he
attempted to close the cam lever, the aluminum lever broke off, but left the
cam attached to the skewer and tightened into the fork from the wing nut
action.

The juror explained the situation to the judge and the attorneys threw their
opinions into the mix. The plaintiff's attorney requested a mistrial, but
that was dismissed. It was decided that the jury would be instructed that
the failure of this lever had no bearing on their deliberation as this case
was not about any QR mechanism that had broken or failed in any way. They
could not consider this failure in their decision. After all, the case was
about the QR's inability to hold a wheel in a fork when used as designed,
not because any QR had broken or otherwise failed.

All "conspiracy" charges were decided in favor of the defendants, as was the
claimed "defective" nature of the QR mechanisms in question . All
previously signed settlement agreements were deemed valid and binding.
 
"Wheels by BFWG" <[email protected]> wrote in message
news:p[email protected]...
> "rs" <[email protected]> wrote in message
> news:[email protected]...
>> The jury found in favor of Walmart in the front QR lawsuit in Marin
>> county,
>> California. Despite the fact that the Walmart lawyer's asked the jury to
>> open
>> a new in the carton bike to check out and the QR on that bike broke in
>> the
>> jury room, they still found in Walmart's favor, that it was all user
>> error.
>>
>> Does anyone have more information on this trial and outcome?
>>
>>

>
>
> A QR did break while the jury was evaluating a bike, but the bike was not
> in a box when the jury got it. It had been admitted into evidence but had
> resided in the judges quarters for most of the trial, out of the box since
> the beginning. The jury requested this bike so one juror could explain
> the incorrect "wing nut" style of clamping a front wheel into a fork.
> When the QR was as tight as it could be made by spinning it tight, the
> juror tried to show how the cam mechanism could no longer be used
> properly. As he attempted to close the cam lever, the aluminum lever
> broke off, but left the cam attached to the skewer and tightened into the
> fork from the wing nut action.
>
> The juror explained the situation to the judge and the attorneys threw
> their opinions into the mix. The plaintiff's attorney requested a
> mistrial, but that was dismissed. It was decided that the jury would be
> instructed that the failure of this lever had no bearing on their
> deliberation as this case was not about any QR mechanism that had broken
> or failed in any way. They could not consider this failure in their
> decision. After all, the case was about the QR's inability to hold a
> wheel in a fork when used as designed, not because any QR had broken or
> otherwise failed.
>
> All "conspiracy" charges were decided in favor of the defendants, as was
> the claimed "defective" nature of the QR mechanisms in question . All
> previously signed settlement agreements were deemed valid and binding.


I had one do the same thing on a Raleigh Hybrid I had borrowed at a beach
house. Don't remember the manufacturer of the QR, but the palm lever broke
in the same fashion.

Nine plaintiffs out of 463,616 bikes sold, that right there indicates user
negligence. Typical ambulance chaser litigation. Feel sorry for the children
that got injured, but Mom and Dad should have RTFM.
 
Thanks for the detailed info, very interesting.

In article <[email protected]>, [email protected] says...
>
>"rs" <[email protected]> wrote in message
>news:[email protected]...
>> The jury found in favor of Walmart in the front QR lawsuit in Marin
>> county,
>> California. Despite the fact that the Walmart lawyer's asked the jury to
>> open
>> a new in the carton bike to check out and the QR on that bike broke in the
>> jury room, they still found in Walmart's favor, that it was all user
>> error.
>>
>> Does anyone have more information on this trial and outcome?
>>
>>

>
>
>A QR did break while the jury was evaluating a bike, but the bike was not in
>a box when the jury got it. It had been admitted into evidence but had
>resided in the judges quarters for most of the trial, out of the box since
>the beginning. The jury requested this bike so one juror could explain the
>incorrect "wing nut" style of clamping a front wheel into a fork. When the
>QR was as tight as it could be made by spinning it tight, the juror tried to
>show how the cam mechanism could no longer be used properly. As he
>attempted to close the cam lever, the aluminum lever broke off, but left the
>cam attached to the skewer and tightened into the fork from the wing nut
>action.
>
>The juror explained the situation to the judge and the attorneys threw their
>opinions into the mix. The plaintiff's attorney requested a mistrial, but
>that was dismissed. It was decided that the jury would be instructed that
>the failure of this lever had no bearing on their deliberation as this case
>was not about any QR mechanism that had broken or failed in any way. They
>could not consider this failure in their decision. After all, the case was
>about the QR's inability to hold a wheel in a fork when used as designed,
>not because any QR had broken or otherwise failed.
>
>All "conspiracy" charges were decided in favor of the defendants, as was the
>claimed "defective" nature of the QR mechanisms in question . All
>previously signed settlement agreements were deemed valid and binding.
>
>
 
Wheels by BFWG wrote:
> "rs" <[email protected]> wrote in message
> news:[email protected]...
> > The jury found in favor of Walmart in the front QR lawsuit in Marin
> > county,
> > California. Despite the fact that the Walmart lawyer's asked the jury to
> > open
> > a new in the carton bike to check out and the QR on that bike broke in the
> > jury room, they still found in Walmart's favor, that it was all user
> > error.
> >
> > Does anyone have more information on this trial and outcome?
> >
> >

>
>
> A QR did break while the jury was evaluating a bike, but the bike was not in
> a box when the jury got it. It had been admitted into evidence but had
> resided in the judges quarters for most of the trial, out of the box since
> the beginning. The jury requested this bike so one juror could explain the
> incorrect "wing nut" style of clamping a front wheel into a fork. When the
> QR was as tight as it could be made by spinning it tight, the juror tried to
> show how the cam mechanism could no longer be used properly. As he
> attempted to close the cam lever, the aluminum lever broke off, but left the
> cam attached to the skewer and tightened into the fork from the wing nut
> action.
>
> The juror explained the situation to the judge and the attorneys threw their
> opinions into the mix. The plaintiff's attorney requested a mistrial, but
> that was dismissed. It was decided that the jury would be instructed that
> the failure of this lever had no bearing on their deliberation as this case
> was not about any QR mechanism that had broken or failed in any way. They
> could not consider this failure in their decision. After all, the case was
> about the QR's inability to hold a wheel in a fork when used as designed,
> not because any QR had broken or otherwise failed.
>
> All "conspiracy" charges were decided in favor of the defendants, as was the
> claimed "defective" nature of the QR mechanisms in question . All
> previously signed settlement agreements were deemed valid and binding.


So they tried the validity of prior settlements along with the defect
claim? That would mean plaintiffs got the settlements they agreed to
before backing out and going to trial. That was an easy out for the
jury -- no liability, but plaintiffs get their prior settlements. I
would like to have heard the closings in that case -- probably a mix of
"no defect" and "plaintiffs broke their promises." Jurors do not like
people who break their promises. I can see why Wal*Mart took these
cases to trial. -- Jay Beattie.
 
"Jay Beattie" <[email protected]> wrote in message
news:[email protected]...
>
> Wheels by BFWG wrote:
>> "rs" <[email protected]> wrote in message
>> news:[email protected]...
>> > The jury found in favor of Walmart in the front QR lawsuit in Marin
>> > county,
>> > California. Despite the fact that the Walmart lawyer's asked the jury
>> > to
>> > open
>> > a new in the carton bike to check out and the QR on that bike broke in
>> > the
>> > jury room, they still found in Walmart's favor, that it was all user
>> > error.
>> >
>> > Does anyone have more information on this trial and outcome?
>> >
>> >

>>
>>
>> A QR did break while the jury was evaluating a bike, but the bike was not
>> in
>> a box when the jury got it. It had been admitted into evidence but had
>> resided in the judges quarters for most of the trial, out of the box
>> since
>> the beginning. The jury requested this bike so one juror could explain
>> the
>> incorrect "wing nut" style of clamping a front wheel into a fork. When
>> the
>> QR was as tight as it could be made by spinning it tight, the juror tried
>> to
>> show how the cam mechanism could no longer be used properly. As he
>> attempted to close the cam lever, the aluminum lever broke off, but left
>> the
>> cam attached to the skewer and tightened into the fork from the wing nut
>> action.
>>
>> The juror explained the situation to the judge and the attorneys threw
>> their
>> opinions into the mix. The plaintiff's attorney requested a mistrial,
>> but
>> that was dismissed. It was decided that the jury would be instructed
>> that
>> the failure of this lever had no bearing on their deliberation as this
>> case
>> was not about any QR mechanism that had broken or failed in any way.
>> They
>> could not consider this failure in their decision. After all, the case
>> was
>> about the QR's inability to hold a wheel in a fork when used as designed,
>> not because any QR had broken or otherwise failed.
>>
>> All "conspiracy" charges were decided in favor of the defendants, as was
>> the
>> claimed "defective" nature of the QR mechanisms in question . All
>> previously signed settlement agreements were deemed valid and binding.

>
> So they tried the validity of prior settlements along with the defect
> claim? That would mean plaintiffs got the settlements they agreed to
> before backing out and going to trial. That was an easy out for the
> jury -- no liability, but plaintiffs get their prior settlements. I
> would like to have heard the closings in that case -- probably a mix of
> "no defect" and "plaintiffs broke their promises." Jurors do not like
> people who break their promises. I can see why Wal*Mart took these
> cases to trial. -- Jay Beattie.
>


I'm not sure that the jury made the decision about the past agreements. I
think that came from the judge after the jury decision was presented. I do
know that since the charge of conspiracy was dismissed by the jury, that the
previous settlements are now considered valid. And I don't think the
settlement amounts were too generous. I had heard that they were for 2X the
cost of medical expenses. . .
 
rs wrote:
> The jury found in favor of Walmart in the front QR lawsuit in Marin county,
> California. Despite the fact that the Walmart lawyer's asked the jury to open
> a new in the carton bike to check out and the QR on that bike broke in the
> jury room, they still found in Walmart's favor, that it was all user error.
>
> Does anyone have more information on this trial and outcome?
>
>

interesting. 48 hours into this post on real world applications with
real world usage statistics solicits 6 responses. the bleating of the
non-engineering blow hards on the /theory/ of qr operation [with no
stats] otoh seems to have no end in sight.

what a strange illustration of r.b.t psychology.
 
"jim beam" <[email protected]> wrote in message
news:[email protected]...
> rs wrote:
> > The jury found in favor of Walmart in the front QR lawsuit in Marin

county,
> > California. Despite the fact that the Walmart lawyer's asked the jury

to open
> > a new in the carton bike to check out and the QR on that bike broke in

the
> > jury room, they still found in Walmart's favor, that it was all user

error.
> >
> > Does anyone have more information on this trial and outcome?
> >
> >

> interesting. 48 hours into this post on real world applications with
> real world usage statistics solicits 6 responses. the bleating of the
> non-engineering blow hards on the /theory/ of qr operation [with no
> stats] otoh seems to have no end in sight.
>
> what a strange illustration of r.b.t psychology.


Kind of like the real-world experience with brake bolts versus the man who
thinks that trial-by-combat is the best way to decide if cut threads are a
problem in that application.
 

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