By personal injury lawyer Scott Eller

In a recent opinion the Washington Court of Appeals upheld the dismissal of a products liability case brought against the retail business that sold an allegedly defective bicycle.

The plaintiff had been injured when the front tire of the bicycle failed the very first time he rode the bicycle.  The plaintiff alleged that the tire failure was due to the retailer improperly installing the front brakes.

Among other defenses the retailer alleged there was no proof of proximate causation.  The case was dismissed on summary judgment.  This result was upheld by Division III of the Court of Appeals.

The plaintiff’s case was complicated by the fact that shortly after the accident the bicycle was stolen and no longer available as evidence.  The Court found that the only evidence of negligence were the stale and inadmissible hearsay statements of the unknown Costco employee and of a repairman from years earlier.

The Court noted that “proximate cause is ordinarily a jury question but may be determined on summary judgment if reasonable minds could reach only one conclusion. …[P]roof of proximate cause must rise above speculation or conjecture.”

The plaintiff had stated in deposition testimony that he “did not inspect the bicycle on the day of the accident. He did not know why the bicycle tire blew out or if the brakes were assembled improperly…In fact [the plaintiff] conceded that he did not ‘know the facts’ regarding the alleged deficient assembly”.

The outcome may have been different if the repairman could recollect what was allegedly wrong with the brake assembly and/or if the bicycle were still available in its unaltered condition for inspection by expert witnesses.

As it was, the Court held that the plaintiff could not prove his injuries were caused by the retailers alleged negligence or breach of warranty.

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