While most couples warn their children to be careful while playing on their tricycles, one Louisiana couple is suing for a collision that occurred while they were out playing on their grown up "trikes."
Raymond and Sharon Hamiter filed suit against Champion Sidecars and Champion Trike Manufacturing in federal court July 11 in the Marshall Division of the Eastern District of Texas, alleging the defendants sold them a defective "Trike."
A trike is a two wheel conversion kit that turns a motorcycle into a three-wheeleer for increased passenger room or storage.
Court documents show that on March 1, 2008, Sharon Hamiter was riding a Honda Goldwing motorcycle that had been fitted with a "trike conversion kit" designed, manufactured and marketed by the defendants.
"Mrs. Hamiter was travelling on Texas State Highway 21 on her trike with Mr. Hamiter following her on his motorcycle when suddenly Ã¯Â¿Â½ the axle of the trike Mrs. Hamiter was riding broke, causing her to lose control and speed, resulting in a collision between the trike she was riding and the motorcycle Mr. Hamiter was riding," the suit states.
The couple alleges Champion owed a duty to the purchasers and users to properly test their products before marketing.
"Defendants breached that duty and as a result proximately caused the injury and harm from which Plaintiffs now suffer," the suit states.
On top of exemplary damages, the couple is suing for past and future mental anguish, medical expenses and lost wages.
They are represented by attorney Michael T. Runyan of the Runyan Firm.
The case has been assigned to U.S. District Judge T. John Ward and referred to Magistrate Judge Charles Everingham for pretrial proceedings.