A 12-member civil jury has rejected claims that San Rafael, Calif.-based Dynacraft BSC Inc. and Bentonville, Ark.-based Wal-Mart Stores Inc. knowingly sold bicycles with defective front-wheel quick-release mechanisms.
The jury of eight women and four men deliberated for nearly three days before issuing the verdict on Feb. 9 in Judge Michael Dufficy's Marin County Superior Court.
“We are pleased that the company was completely vindicated,” says David Castrucci, a Dynacraft managing director. “It is unfortunate when anyone is hurt in a bicycle accident. The mere fact that an accident occurs, however, is not evidence of a defective bicycle. The allegations in this lawsuit had no merit, which is evidenced by the jury verdict.”
The jury's verdict followed a civil lawsuit filed by parents of 9 young men who were injured in bicycle accidents in which the front wheels became disengaged. In February 2005, the plaintiffs sued Wal-Mart, Dynacraft, and its third-party claims administrator.
Attorneys for the plaintiffs asked the jury to award more than $8 million in damages based on allegations that Wal-Mart and Dynacraft knowingly sold defective bicycles. Instead, the jury found that the bicycles were not defective and that there was no negligence, no failure to warn, no fraud and no conspiracy on the part of the defendants — a complete defense verdict.
“This is a great day for Dynacraft and the other defendants,” says Bob Dyer, an attorney for Dynacraft and partner in the Dallas law firm of Gardere Wynne Sewell. “Since day one, Dynacraft has maintained that its bikes are safe, and the plaintiffs simply had no proof to the contrary. We are extremely grateful that this thoughtful jury examined the facts closely and reached the correct decision.”
In addition to Mr. Dyer, the Dynacraft defense team consisted of Joe Harrison and Joanne Early of Gardere Wynne Sewell LLP and Fletcher Alford of San Francisco's Gordon & Rees LLP. Wal-Mart was represented by Robert K. Phillips of San Francisco's Phillips Spallas & Angstadt LLP.
