Take-nothing judgment entered in suit claiming servicer disconnected bike brakes

David Yates Feb. 2, 2011, 5:59am

A final take-nothing judgment has been entered in a suit claiming a Golden Triangle Powersports employee failed to reconnect a bike's rear brakes, causing the owner serious injury.

In July 2009, Beaumont resident Daryl James filed suit against B.G. Motorsports, doing business as Golden Triangle Powersports, claiming his motorcycle flipped because of the negligent servicing.

On Oct. 1, Judge Donald Floyd, 172nd District Court, singed a final take-nothing judgment, ordering that James take nothing from B.G. Motorsports and each party pay their own court costs.

The order shows the parties agreed to the judgment.

In his suit, James claims he brought his 2005 Kawasaki Vulcan 2000 to Golden Triangle Powersports on Jan. 5, 2009, to have the rear tire repaired and replaced.

Court records show that on Jan. 23, 2009, James went to pick up his motorcycle and paid the company $208 for purportedly fixing it. James then left and was attempting to merge onto the access road in front of the shop at 30 Interstate 10 North when the incident occurred.

"When Plaintiff attempted to apply the rear brakes of the motorcycle, so that he did not get hit by vehicles on the access road, the rear brakes did not work at all," according to the complaint.

"It was determined that the rear brake system had not been properly reconnected by Defendant. Plaintiff was forced to utilize the front brakes of the motorcycle, which caused the vehicle to overturn, causing Plaintiff serious injuries."

James was seeking damages for his alleged mental anguish, medical expenses and lost wages.

Steve Parkhurst of Dies and Parkhurst in Orange represented him.

Houston attorney Amanda Hilty represented B.G. Motorsports.

Case No. E184-591

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