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Bill Thomas, plaintiff, is suing Derek Pomeroy, defendant, for negligence, injuries, damages and compensation for missed work. The Plaintiff damaged his bike, and injured himself outside the defendant's house.
Central Incident
On, January 5, 2010, the Plaintiff was riding his bike on Oaks Street in Hardyville along the sidewalk. He lost control of his bicycle and hit a tree. According to the defendant and the plaintiff, upon hitting the tree, the bike was damaged. The plaintiff was sent to the emergency room and his physician, Dr. Mary Gordon, said that the plaintiff's right arm radius "was broken and his knee was severely lacerated." This made the plaintiff unable to start his new job.
The Cause of the incident
While the plaintiff was riding his bicycle along the sidewalk, he hit an object, which caused him to lose control of his bicycle, and ran into a tree. The plaintiff claims that the rake handle must have hit him in the head and the rake teeth punctured his tire. Witnesses Letitia Johnson and Natalie Urata all claim to have seen a rake at the scene of the crash.
The Placement of the rake
A rake that belongs to the John Forski was seen touching the sidewalk. The Plaintiff said that he saw the rake on the sidewalk after he crashed. Ms. Urata and Ms. Johnson both said that the rake was partly on the sidewalk. Ms.Urata specified that it was "partly on the sidewalk", while Ms. Johnson said it was "half on the sidewalk and half on Mr. Pomeroy's lawn." It exact location of the rake is unclear.
The rake's involvement in the accident
The plaintiff claims that his bike "must have ran across the teeth" of the rake and it caused him to get "clonked" by the handle. All other testimonies mention of seeing a rake. The plaintiff is the only witness to the rake causing the incident.
Alcohol levels in the plaintiff
Prior to the crash, Ms. Urata said that she saw the plaintiff riding his bike on the sidewalk and "weaving slightly." Also, the defendant claims that the plaintiff's smell indicated that the plaintiff had been drinking. Physician, Dr. Mary Gordon, reported that the plaintiff had a "blood alcohol level .07"
Bike condition
The defendant claims that the front bike tire was flat and the frame was "bent up." The plaintiff says that the front tire "was punctured." It is unclear what the condition of the bike or the bike tires was prior to the accident.
The Plaintiff's injuries
In his testimony, the plaintiff claims to have been "clonked" by the rake and says that his head fell sore after. His physician's didn't report any head damage. The plaintiff was admitted into Hardyville County Hospital on January 5, 2006 at 6:40pm. According to his physician, the plaintiff's right arm radius was broken and his knee "severely lacerated."
Visibility during the accident
According to the plaintiff, the incident occurred at "about 6'oclock." The defendant claims "6:07" and Ms. Urata says that it happened "at about six in the evening." The plaintiff claims that when trying to look at the rake, it was "kinda dark at that time." Ms. Urata saw the rake, but her location and time is unknown.
