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Vinikoor v. Pedal Pennsylvania, Inc.

Pennsylvania Commonwealth Court
974 A.2d 1233 (2009)


Facts

Paul Vinikoor (plaintiff) was an experienced biker who had gone on many bike tours. He participated in a bicycle tour led by Pedal Pennsylvania, Inc. (Pedal) (defendant). During the tour, Vinikoor’s front tire got trapped in a groove on the road, causing him to fall off his bike. Vinikoor dislocated his pelvis. He sued Pedal and the Department of Transportation, seeking damages for his injuries. Vinikoor alleged that Pedal had negligently failed to inspect the route of the tour and misrepresented the route to Vinikoor as safe. Pedal moved for summary judgment, and the trial court granted Pedal’s motion. Vinikoor appealed. On appeal, Vinikoor argued that because Pennsylvania had adopted comparative negligence, the doctrine of assumption of risk cannot bar him from recovery.

Rule of Law

Issue

Holding and Reasoning (Flaherty, J.)

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