EAST ST. LOUIS – Pacific Cycle argues that an Edwardsville man's lawsuit belongs in federal court, which alleges the plaintiff suffered a skull fracture and brain hemorrhage when the front wheel on his bicycle became detached.
The lawsuit was originally filed by plaintiff Myles Landyn Mayberry Lopilato in the Madison County Circuit Court against defendants Target Stores and Pacific Bicycle, Inc., citing negligence and product liability. Pacific Cycle filed a notice of removal to the U.S. District Court for the Southern District of Illinois through attorney Ann H. MacDonald of ArentFox Schiff LLP in Chicago.
Pacific Cycle argues that removal is proper based on diversity of citizenship and the amount in controversy. Specifically, the defendant states that the court requires the parties to be citizens of different states and the amount in question to exceed $75,000 in order to have diversity jurisdiction.
Pacific Cycle argues that it is incorporated under the laws of the State of Delaware with its principal place of business in Wisconsin and that Target is incorporated under the laws of the State of Minnesota with its principal place of business also in Minnesota. Since the plaintiff is a citizen of Illinois and the amount in question exceeds $75,000, Pacific Cycle argues that complete diversity of jurisdiction exists in this matter. Therefore, it argues that removal to federal court is proper.
According to the lawsuit, the plaintiff's mother bought him a Schwinn mountain bicycle from a Target store in April 2020. The bike was manufactured by Pacific Bicycle, Inc. On May 26, 2020, the plaintiff was riding the bicycle for the first time when the front tire allegedly became detached from the fork of the bicycle, causing him to be thrown from the bicycle onto the concrete. As a result, Lopilato claims he suffered injuries to his head, neck, and body. Specifically, he claims he suffered a skull fracture, brain hemorrhage, concussion, road rash and contusions.
The lawsuit states that the bicycle did not have an adequate latching system to properly secure the front tire to the front of the bicycle.
Lopilato claims he has suffered "severe and permanent" injuries which have caused him great pain and anguish and will affect his ability to lead a normal life and earn income.
The plaintiff is seeking damages in excess of $75,000, plus court costs. He is represented in this case by attorney Jane Unsell of Unsell, Schattnik & Phillips, P.C. in Wood River.
U.S. District Court for the Southern District of Illinois case number CV-01319-NJR