Motorcycle owner claims rear brakes disconnected, caused bike to flip

By Kelly Holleran | Aug 5, 2009

A Beaumont man claims he was seriously injured when his motorcycle flipped because service men failed to reconnect the bike's rear brakes.

Daryl L. James filed a lawsuit July 30 in Jefferson County District Court against B.G. Motorsports, doing business as Golden Triangle Powersports.

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

While the motorcycle was in the shop, employees were required to remove the rear tire and part of the rear brake assembly, according to the complaint.

On Jan. 23, James went to pick up his motorcycle and paid the company $208 for purportedly fixing it, the suit states.

James then left on his supposedly repaired motorcycle and was attempting to merge onto the access road in front of the shop at 30 Interstate 10 North when the incident occurred, the complaint says.

"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."

Because of the accident, James claims he incurred medical expenses and experienced physical pain, suffering, physical impairment, loss of earnings, disfigurement and mental anguish.

He blames Golden Triangle Powersports for failing to properly repair his motorcycle and for failing to properly reassemble the brake system.

James is seeking a judgment within the jurisdictional limits of Jefferson County District Court, plus pre-judgment interest at the maximum rate allowed by law, post-judgment interest at the legal rate and other relief to which he may be entitled.

Steve Parkhurst of Dies and Parkhurst in Orange will be representing him.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Jefferson County District Court case number: E184-591.

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