Moto Italia sued over rider's injuries

Kelly Holleran Apr. 11, 2012, 11:29am

A man claims a rented motorcycle's front brakes unexpectedly grabbed, causing the vehicle to flip.

Charles T. Gammon Sr. claims he was riding on a motorcycle he rented from defendant Moto Italia on Sept. 7, 2010, when the front brakes unexpectedly grabbed, causing the bike to suddenly stop and flip. In turn, Gammon crashed onto the pavement, according to the complaint filed April 4 in Madison County Circuit Court.

Because of the collision, Gammon experienced physical pain and mental anguish, sustained permanent scarring and disfigurement and incurred medical costs, the suit states. In addition, he sustained left hip, left elbow, left shoulder and head injuries, the complaint says.

Gammon blames Moto Italia for causing his collision, saying the company negligently rented a motorcycle that had malfunctioning brakes, that was unreasonably prone to flipping and that did not have adequate warnings.

In his three-count complaint, Gammon is seeking a judgment of more than $100,000, compensatory damages of more than $50,000 and punitive and exemplary damages of more than $50,000, plus costs.

Brian M. Wendler of Wendler Law Firm in Edwardsville will be representing him.

Madison County Circuit Court case number: 12-L-422.

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