Preview
FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF KINGS Date Purchased:
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ROBERT WITHERWAX, SUMMONS
Plaintiff, Plaintiff designates Kings
County as the place of trial
-against-
The basis of venue is:
LYFT, INC., NYC BIKE SHARE, LLC and Plaintiff’s Residence
SHIMANO NORTH AMERICA HOLDING, INC.,
Defendants.
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To the above-named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy
of your answer, or if the complaint is not served with this summons, to serve a notice of appearance
on the Plaintiff’s attorneys within (20) twenty days after the service of summons, exclusive of the
day of service, where service is made by delivery upon you personally within the state, or, within
(30) thirty days after completion of service where service is made in any other manner. In case of
your failure to appear or answer, judgment will be taken against you by default for the relief
demanded in the complaint.
Dated: New York, New York
March 11, 2024
Yours, etc.,
SHLIVKO YOUNG LLP
By: ___________________________
Jesse Young, Esq.
Attorneys for Plaintiff
30 Wall Street, 8th Floor
New York, NY 10005
Telephone: (212) 584-0582
Team@sylitigation.com
PLEASE FORWARD TO YOUR INSURANCE COMPANY
Defendants Info:
Lyft, Inc.
c/o CT Corporation System
28 Liberty Street
New York, NY 10005
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NYC Bike Share, LLC
5202 3rd Avenue
Brooklyn, NY 11220
c/o CT Corporation System
28 Liberty Street
New York, NY 10005
Shimano North America Holding, Inc.
c/o Registered Agent Solutions, Inc.
99 Washington Ave, Suite 1008
Albany, NY 12260
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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ROBERT WITHERWAX,
Plaintiff,
COMPLAINT
-against-
LYFT, INC., NYC BIKE SHARE, LLC and
SHIMANO NORTH AMERICA HOLDING, INC.,
Defendants.
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Plaintiff, by their attorneys, SHLIVKO YOUNG LLP, complaining of the Defendants
herein, respectfully alleges upon information and belief:
AS AND FOR A FIRST CAUSE OF ACTION
1. That on July 12, 2023 (hereinafter, “the date of the incident”) and at all times
hereinafter mentioned, the Defendant LYFT, INC. (hereinafter “LYFT”) was and still is a foreign
business corporation duly existing by and under the laws of the State of Delaware or another State
within the United States.
2. That on the date of the incident and all times hereinafter mentioned, Defendant,
LYFT, was and still is a foreign business corporation duly licensed and authorized to conduct and
transact business in the State of New York.
3. That at all times hereinafter mentioned, Defendant, LYFT, committed a tortious act
within the State of New York, and the causes of action asserted in this Complaint arise out of such
act.
4. That at all times hereinafter mentioned, Defendant, LYFT, regularly does or solicits
business, or engages in any persistent course of conduct, or derives substantial revenue from goods
used or consumed or services rendered in the State of New York.
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5. That at all times hereinafter mentioned, Defendant, LYFT, expects or reasonably
expects the tortious act referred to in Paragraph 3 to have consequences in the State of New York
and derives substantial revenue from goods used or consumed, and/or from the transaction of
business, in the State of New York.
6. That at all times hereinafter mentioned, Defendant, LYFT, transacted and
conducted business and provided services within the State of New York and derived substantial
revenue therefrom.
7. That at all times hereinafter mentioned, Defendant, NYC BIKE SHARE, LLC
(hereinafter “NYC BIKE SHARE”), was and still is a domestic limited liability company duly
organized and existing under and by virtue of the laws of the State of New York.
8. That at all times hereinafter mentioned, Defendant, NYC BIKE SHARE, was and
still is a domestic business corporation duly authorized to do business in the State of New York.
9. That on the date of the incident and all times hereinafter mentioned, Defendant,
NYC BIKE SHARE, was and still is a foreign limited liability company duly licensed and
authorized to conduct and transact business in the State of New York.
10. That at all times hereinafter mentioned, Defendant, NYC BIKE SHARE, transacted
business within the State of New York and/or contracted to supply goods and/or services in the
State of New York and the causes of action asserted in this Complaint arise out of such activities.
11. That at all times hereinafter mentioned, Defendant, NYC BIKE SHARE,
committed a tortious act within the State of New York, and the causes of action asserted in this
Complaint arise out of such act.
12. That at all times hereinafter mentioned, Defendant, NYC BIKE SHARE, regularly
does or solicits business, or engages in any persistent course of conduct, or derives substantial
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revenue from goods used or consumed or services rendered in the State of New York.
13. That at all times hereinafter mentioned, Defendant, NYC BIKE SHARE, expects
or reasonably expects the tortious act referred to in Paragraph 11 to have consequences in the State
of New York and derives substantial revenue from goods used or consumed, and/or from the
transaction of business, in the State of New York.
14. That at all times hereinafter mentioned, Defendant, NYC BIKE SHARE, transacted
and conducted business and provided services within the State of New York and derived
substantial revenue therefrom.
15. That at all times hereinafter mentioned, Defendant, SHIMANO NORTH
AMERICA HOLDING, INC. (hereinafter “SHIMANO”) was and still is a foreign business
corporation duly existing by and under the laws of the State of California or another State within
the United States.
16. That on the date of the incident and all times hereinafter mentioned, Defendant,
SHIMANO, was and still is a foreign business corporation duly licensed and authorized to conduct
and transact business in the State of New York.
17. That on the date of the incident and at all times hereinafter mentioned, the
Defendant LYFT was in the business of owning, operating, managing, maintaining, installing,
selling, manufacturing and/or distributing a bike sharing system within the City of New York,
commonly known and referred to as Citi Bike (hereinafter “Citi Bike” or “Citi Bike program”)
for the purpose of sale and use to the public.
18. That on the date of the incident and at all times hereinafter mentioned, the
Defendant NYC BIKE SHARE was in the business of owning, operating, managing, maintaining,
installing, selling, manufacturing and/or distributing the Citi Bike program for the purpose of sale
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and use to the public.
19. That, upon information and belief, on the date of the incident and at all times
hereinafter mentioned, the Defendant SHIMANO was in the business of selling, manufacturing,
supplying and distributing component parts for e-bicycles for the purpose of sale and use to
businesses.
20. That, upon information and belief, on the date of the incident and at all times
hereinafter mentioned, the Defendant SHIMANO was in the business of selling, manufacturing,
supplying and distributing component parts for e-bicycles intended to be used in the Citi Bike
program.
21. That, upon information and belief, on the date of the incident and at all times
hereinafter mentioned, the Defendant, SHIMANO, designed, manufactured, produced,
distributed, supplied, sold, delivered and installed component parts for e-bicycles including power
modulators.
22. That, upon information and belief, on the date of the incident and at all times
hereinafter mentioned, the Defendant, SHIMANO, designed, manufactured, produced,
distributed, sold, supplied, delivered and installed component parts for e-bicycles including power
modulators to various businesses.
23. That, upon information and belief, on the date of the incident and at all times
hereinafter mentioned, the Defendant, SHIMANO, derived substantial revenue from interstate
commerce by and through the sale and/or distribution of packaging component parts for e-bicycles,
including, but not limited to the power modulators, and their components parts, including within
the State of New York.
24. That at all times hereinafter mentioned, Defendant, SHIMANO, regularly does or
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did transact business within the State of New York and/or contracted to supply goods and/or
services in the State of New York and the causes of action asserted in this Complaint arise out of
such activities.
25. That at all times hereinafter mentioned, Defendant, SHIMANO, committed a
tortious act within the State of New York, and the causes of action asserted in this Complaint arise
out of such act.
26. That at all times hereinafter mentioned, Defendant, SHIMANO, regularly does or
solicits business, or engages in any persistent course of conduct, or derives substantial revenue
from goods used or consumed or services rendered in the State of New York.
27. That at all times hereinafter mentioned, Defendant, SHIMANO, expects or
reasonably expects the tortious act referred to in Paragraph 41 to have consequences in the State
of New York and derives substantial revenue from goods used or consumed, and/or from the
transaction of business, in the State of New York.
28. That at all times hereinafter mentioned, Defendant, SHIMANO, transacted and
conducted business and provided services within the State of New York and derived substantial
revenue therefrom.
29. That this action falls within one or more of the exceptions set forth in CPLR §1602.
30. That at all times hereinafter mentioned, the Citi Bike program included the
provisions and/or rentals of bicycles for licensed users of the Citi Bikes, including Pedal-Assist
Citi Bikes.
31. That on or prior to the date of incident and at all times hereinafter mentioned, the
Defendant, LYFT, became the owner of the Citi Bike program.
32. That on or prior to the date of the incident and at all times hereinafter mentioned,
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pedal assist e-bicycles (hereinafter “Pedal Assist Citi Bikes”) were among the bicycles used in the
Citi Bike program.
33. That on or prior to the date of the incident and at all times hereinafter mentioned,
the Defendant, LYFT, became the owner of the bicycles used in the Citi Bike program.
34. That on or prior to the date of the incident and at all times hereinafter mentioned,
the Defendant, LYFT, became the owner of the bicycles used in the Citi Bike program, including
the Pedal-Assist Citi Bikes.
35. That at all times hereinafter mentioned, the Defendant, LYFT, owned the Citi Bike
program within the City of New York.
36. That at all times hereinafter mentioned, the Defendant, LYFT, owned the bicycles
used in the Citi Bike program, including E-bikes.
37. That at all times hereinafter mentioned, the Defendant, LYFT, operated the Citi
Bike program within the City of New York.
38. That at all times hereinafter mentioned, the Defendant, LYFT, operated the bicycles
used in the Citi Bike program, including E-bikes.
39. That at all times hereinafter mentioned, the Defendant, LYFT, managed the Citi
Bike program within the City of New York.
40. That at all times hereinafter mentioned, the Defendant, LYFT, managed the
bicycles used in the Citi Bike program, including E-bikes.
41. That at all times hereinafter mentioned, the Defendant, LYFT, maintained the Citi
Bike program within the City of New York.
42. That at all times hereinafter mentioned, the Defendant, LYFT, maintained the
bicycles used in the Citi Bike program, including E-bikes.
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43. That at all times hereinafter mentioned, the Defendant, LYFT, controlled the Citi
Bike program within the City of New York.
44. That at all times hereinafter mentioned, the Defendant, LYFT, controlled the
bicycles used in the Citi Bike program, including Pedal-Assist Citi Bikes.
45. That at all times hereinafter mentioned, the Defendant, NYC BIKE SHARE, owned
the Citi Bike program within the City of New York.
46. That at all times hereinafter mentioned, the Defendant, NYC BIKE SHARE, owned
the bicycles used in the Citi Bike program, including Pedal-Assist Citi Bikes.
47. That at all times hereinafter mentioned, the Defendant, NYC BIKE SHARE,
operated the Citi Bike program within the City of New York.
48. That at all times hereinafter mentioned, the Defendant, NYC BIKE SHARE,
operated the bicycles used in a Citi Bike program, including Pedal-Assist Citi Bikes.
49. That at all times hereinafter mentioned, the Defendant, NYC BIKE SHARE,
managed the Citi Bike program within the City of New York.
50. That at all times hereinafter mentioned, the Defendant, NYC BIKE SHARE,
managed the bicycles used in the Citi Bike program, including Pedal-Assist Citi Bikes.
51. That at all times hereinafter mentioned, the Defendant, NYC BIKE SHARE,
maintained the Citi Bike program within the City of New York.
52. That at all times hereinafter mentioned, the Defendant, NYC BIKE SHARE,
maintained the bicycles used in the Citi Bike program, including Pedal-Assist Citi Bikes.
53. That at all times hereinafter mentioned, the Defendant, NYC BIKE SHARE,
controlled the Citi Bike program within the City of New York.
54. That at all times hereinafter mentioned, the Defendant, NYC BIKE SHARE,
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controlled the bicycles used in the Citi Bike program, including Pedal-Assist Citi Bikes.
55. That prior to the date of the incident, July 12, 2023, and at all times hereinafter
mentioned, the Defendant SHIMANO was the manufacturer, supplier, and/or distributor of the
braking system, hub and other component parts to be used on the Citi Bikes, and more specifically,
the Pedal-Assist Citi Bikes.
56. That on the date of the incident and for some time prior thereto, Defendant
SHIMANO designed the braking system, hub and other component parts that were being used on
the Citi Bikes, and more specifically, the Pedal-Assist City Bikes, that were being provided and
used by the Citi Bike program.
57. That on the date of the incident and for some time prior thereto, Defendant
SHIMANO manufactured the braking system, hub and other component parts that were being used
on the Citi Bikes, and more specifically, the Pedal-Assist City Bikes, that were being provided and
used by the Citi Bike program.
58. That on the date of the incident and for some time prior thereto, Defendant
SHIMANO maintained the braking system, hub and other component parts that were being used
on the Citi Bikes, and more specifically, the Pedal-Assist City Bikes, that were being provided and
used by the Citi Bike program.
59. That on the date of the incident and for some time prior thereto, Defendant
SHIMANO distributed the braking system, hub and other component parts that were being used
on the Citi Bikes, and more specifically, the Pedal-Assist City Bikes, that were being provided and
used by the Citi Bike program.
60. That on the date of the incident and for some time prior thereto, Defendant
SHIMANO sold the braking system, hub and other component parts that were being used on the
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Citi Bikes, and more specifically, the Pedal-Assist City Bikes, that were being provided and used
by the Citi Bike program.
61. That on the date of the incident and for some time prior thereto, Defendant
SHIMANO installed the braking system, hub and other component parts that were being used on
the Citi Bikes, and more specifically, the Pedal-Assist City Bikes, that were being provided and
used by the Citi Bike program.
62. That on the date of the incident and for some time prior thereto, Defendant
SHIMANO repaired the braking system, hub and other component parts that were being used on
the Citi Bikes, and more specifically, the Pedal-Assist City Bikes, that were being provided and
used by the Citi Bike program.
63. That prior to the date of the incident and at all times hereinafter mentioned,
Defendant SHIMANO sold to LYFT, the aforementioned braking systems, hubs and other
component parts that were being used on Pedal-Assist City Bikes that were being provided and
used by the Citi Bike program.
64. That prior to the date of the incident and at all times hereinafter mentioned,
Defendant SHIMANO sold to NYC BIKE SHARE, the aforementioned braking systems, hubs and
other component parts that were being used on Pedal-Assist City Bikes that were being provided
and used by the Citi Bike program.
65. That prior to the date of the incident and at all times hereinafter mentioned, the
Defendant SHIMANO manufactured, supplied, and/or distributed the aforementioned braking
systems, hubs and other component parts to the Defendants, LYFT and NYC BIKE SHARE.
66. That prior to the date of the incident, and at all times hereinafter mentioned, the
Defendant SHIMANO recommended to the Defendants, LYFT and NYC BIKE SHARE,
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that the braking systems it sold, distributed, manufactured, supplied, and/or installed, was to be
utilized with a hub and power modulator for use with the Pedal-Assist Citi Bikes.
67. That prior to the date of the incident, and at all times hereinafter mentioned, the
Defendant SHIMANO recommended to the Defendants, LYFT and NYC BIKE SHARE, that the
aforementioned braking system was to be utilized with a hub and power modulator for use with
the Pedal-Assist Citi Bikes, to reduce excess force on the front brakes.
68. That prior to the date of the incident, and at all times hereinafter mentioned, the
Defendant SHIMANO recommended to the Defendants, LYFT and NYC BIKE SHARE, that the
aforementioned braking system was to be utilized with a hub and power modulator for use with
the Pedal-Assist Citi Bikes, or the front wheel would lock and the bicycle may fall forward,
causing serious injury to the bicycle operator.
69. That prior to the date of the incident, and at all times hereinafter mentioned, the
Defendant SHIMANO did not sell the hub and power modulator for the braking system to be used
with the Pedal-Assist Citi Bikes as a set, despite being aware that the absence of said hub and
modulator would increase the likelihood of injury to individuals using Pedal-Assist City Bikes.
70. That prior to the date of the incident, and at all times hereinafter mentioned, the
Defendants LYFT and NYC BIKE SHARE failed to follow the recommendation of Defendant
SHIMANO.
71. That prior to the date of the incident, and at all times hereinafter mentioned, the
Defendants, LYFT and NYC BIKE SHARE, failed to equip the Pedal-Assist Citi Bikes with the
brake and hub with power modulator as a set.
72. That on the date of the incident, and for some time prior thereto, Defendant LYFT
offered Pedal-Assist bicycles for use to patrons of the Citi Bike program.
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73. That on the date of the incident, and for some time prior thereto, Defendant NYC
BIKE SHARE offered Pedal-Assist bicycles for use to patrons of the Citi Bike program.
74. That on the date of the incident the Plaintiff was lawfully using a Pedal-Assist Citi
Bike with the knowledge and consent of the Defendants, LYFT and NYC BIKE SHARE.
75. That on the date of the incident, as the Plaintiff was using the aforementioned Pedal-
Assist Citi Bike, he was caused to be seriously, severely and permanently injured, through no fault
of his own, when the bicycle, without warning, inexplicably stopped and the Plaintiff was
propelled forward and caused to be injured.
76. That on and prior to the date of the incident and at all times hereinafter mentioned,
the Defendants, LYFT and NYC BIKE SHARE, their agents, servants, and/or employees were
involved in the design, manufacture, supply, installation and assembly of the Pedal-Assist Citi
Bikes, including but not limited to its braking system, braking hub, and various component
parts.
77. That at all times hereinafter mentioned, the Defendant, LYFT and NYC BIKE
SHARE, their agents, servants and/or employees, designated employees whose responsibility
included selecting the braking system, braking hub, and various component parts to be installed
on the Pedal-Assist Citi Bikes so they could be operated safely.
78. That at all times hereinafter mentioned, the Defendants, LYFT and NYC BIKE
SHARE, their agents, servants and/or employees, had a duty to ensure that all braking systems,
braking hubs, and component parts installed on the subject Pedal-Assist Citi Bikes were
compatible with each other, were in a reasonably safe condition when used in combination, and
that the completed Pedal-Assist Citi Bikes were fit for their intended use.
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79. That at all times hereinafter mentioned, the Defendants, LYFT and NYC BIKE
SHARE, their agents, servants and/or employees, had a duty to inspect, service, repair, and
maintain the Pedal-Assist Citi Bikes, including but not limited to the braking systems, braking
hubs, and component parts, in a condition whereby they were safe for use by consumers.
80. That the Pedal Assist Citi Bike bicycles that were delivered, installed, supplied
and/or provided and made available for use in the City Bike program were in an unfit operational
condition which, among other things, caused the front brakes to engage and/or lock without
warning and caused other operational difficulties.
81. That Defendants LYFT and NYC BIKE SHARE, were aware, or with the exercise
of reasonable care, should have known, of the aforementioned operational difficulties of the
Pedal Assist City Bike bicycles that were delivered, installed, supplied and/or made available
for use in the Citi Bike program.
82. That Defendants LYFT and NYC BIKE SHARE, failed to apprise, warn and/or
advise the patrons of the Citi Bike program and/or the expected and intended users of the Pedal
Assist Citi Bike bicycles, of the aforementioned defects and operational difficulties of the Pedal
Assist Citi Bike bicycles.
83. That on the date of the incident, July 12, 2023, and at all the times hereinafter
mentioned, the Plaintiff, ROBERT WITHERWAX, was operating a Pedal-Assist Citi Bike with
the permission and consent of the Defendants, LYFT and NYC BIKE SHARE.
84. That on the date of the incident, and at all the times hereinafter mentioned, the
Plaintiff, ROBERT WITHERWAX, was operating a Pedal-Assist Citi Bike pursuant to a
financial agreement with the Defendants, LYFT and NYC BIKE SHARE.
85. That on the date of the incident, there existed a roadway known as Church Street
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bike lane, New York, New York.
86. That on the date of the incident, the aforementioned roadway known as Church
Street bike lane, closest to its intersection of Vesey Street, New York, New York, was a public
roadway, thoroughfare, and bicycle path.
87. That on the date of the incident, the Plaintiff was operating a Pedal-Assist Citi Bike
at Church Street, New York, New York.
88. That on the date of the incident, the Plaintiff was lawfully and properly operating
a Pedal-Assist Citi Bike at said location.
89. That on the date of the incident, at or about said location, the aforementioned Pedal-
Assist Citi Bike malfunctioned, causing the Plaintiff to fall.
90. That on the date of the incident, as a result of the Plaintiff’s fall, he was seriously
injured.
91. That the aforementioned occurrence was caused solely and wholly by reason of the
negligence of the Defendants LYFT and NYC BIKE SHARE, without any fault or negligence on
the part of the Plaintiff contributing thereto.
92. That the Defendants LYFT and NYC BIKE SHARE, were negligent, careless and
reckless in failing to properly maintain the Pedal- Assist Citi Bike used by the Plaintiff, in
designing, manufacturing, selling, delivering, installing, repairing, managing, distributing and/or
maintaining the Pedal-Assist Citi Bike in an unfit, dangerous and hazardous condition, in failing
to notify and/or inform the patrons of the Citi Bike program of the unfit condition and/or
operational difficulties of the Pedal-Assist Citi Bike used by the Plaintiff and in otherwise acting
or failing to action with respect to the Pedal-Assist Citi Bike used by the Plaintiff.
93. That at all times hereinafter mentioned, the Defendants, LYFT and NYC BIKE
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SHARE, were involved in the design, manufacture, supply, ownership, possession, operation,
maintenance, management, control, alteration, and/or repair of the Pedal-Assist Citi Bikes.
94. That at all times hereinafter mentioned, the manner in which the Defendants, LYFT
and NYC BIKE SHARE, negligently, carelessly, recklessly and/or grossly negligently owned,
possessed, operated, maintained, managed, controlled, altered or repaired the aforementioned
Pedal-Assist Citi Bike permitted and allowed the aforementioned Pedal-Assist Citi Bikes to exist
in an unfit operational condition which permitted and allowed the Plaintiff to suffer and sustain
serious, severe and permanent personal injuries.
95. That Defendants, LYFT and NYC BIKE SHARE were aware, or with the exercise
of reasonable care, should have known, of the operational difficulties of the aforementioned Pedal-
Assist Citi Bikes.
96. That Defendants, LYFT and NYC BIKE SHARE failed to apprise, warn and/or
advise the Plaintiff of the operational difficulties of the aforementioned Pedal-Assist Citi Bikes.
97. That Defendants, LYFT and NYC BIKE SHARE, negligently, carelessly,
recklessly and/or grossly negligently altered and/or removed guards, interlocking devices or other
protective devices that could have protected the Plaintiff from sustaining injuries.
98. That Defendants, LYFT and NYC BIKE SHARE, were aware, or with the exercise
of reasonable care, should have known, that the failure to install or otherwise equip the Pedal-Assist
Citi Bikes with component parts, including but not limited to a power modulator or other necessary
components, would expose individuals using the aforementioned Pedal-Assist Citi Bikes,
including the Plaintiff herein, to sustaining injuries.
99. That despite having such knowledge and awareness, Defendants, LYFT and NYC
BIKE SHARE, failed to apprise, warn and/or advise the Plaintiff of the failure to install or otherwise
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equip the Pedal-Assist Citi Bikes with component parts, including but not limited to a power
modulator or other necessary components.
100. That the Defendants, LYFT and NYC BIKE SHARE, were negligent, careless,
reckless and/or grossly negligent in failing to properly own, possess, operate, maintain, manage,
control, alter and/or repair the aforementioned Pedal-Assist Citi Bikes.
101. That solely by reason of the aforementioned negligence of the Defendants, LYFT
and NYC BIKE SHARE, the Plaintiff ROBERT WITHERWAX was seriously, severely and
permanently injured, and the Plaintiff was otherwise damaged.
102. That solely by reason of the aforementioned negligence, carelessness and recklessness
of the Defendants, LYFT and NYC BIKE SHARE, the Plaintiff ROBERT WITHERWAX
sustained great bodily injuries with accompanying pain; he became and continues to be sick, sore,
lame and disabled; some of his injuries will be permanent; he was and will be compelled to seek
medical attention for these injuries; and has been and will be unable to attend to his usual business
and occupation.
103. That by reason of the foregoing, the Plaintiff has been damaged in an amount in excess
of the monetary limits of all lower courts which would otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
104. Plaintiff repeats, reiterates and realleges each and every allegation contained in
the preceding paragraphs with the same force and effect as though set forth at length herein
105. That the Defendant SHIMANO, its agents, servants, employees, and/or distributors,
manufactured, distributed, installed, designed, inspected, advertised, marketed, sold, or otherwise
offered into the stream of commerce the component parts, including but not limited to power
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modulators for use on the Pedal-Assist Citi Bikes for use by businesses such as those owned and
operated by the Defendants LYFT and NYC BIKE SHARE.
106. That the negligent manufacture, distribution, testing, installation, inspection,
and/or design of the component parts, including but not limited to the power modulators by the
Defendant SHIMANO, its agents, servants, employees, and/or distributors, caused injury within
the State of New York, and more particularly, to the Plaintiff, ROBERT WITHERWAX, herein
thereby conferring jurisdiction over the Defendant SHIMANO, within the State of New York and
more particularly, within the Supreme Court of the State of New York in and for the County of
New York.
107. That the Plaintiff ROBERT WITHERWAX was injured as a consequence of the
negligence, gross negligence, carelessness and recklessness of the Defendant SHIMANO, its
agents, servants, and/or employees, in the manufacturing, distribution, testing, installation,
inspection, selling, marketing and/or design of the aforementioned Pedal-Assist Citi Bike
component parts, including but not limited to power modulators, that should have been installed,
located and/or present at the location of the incident on the date of the incident, but were failed to
be installed and/or equipped on the aforementioned Pedal-Assist Citi Bikes and which did not
protect the Plaintiff, thereby being a contributing factor to the injuries and damages suffered by
the Plaintiff.
108. That the aforementioned incident was caused wholly and solely by reason of the
negligence, carelessness and recklessness of the Defendants and/or Defendants’ agents, servants,
employees and/or licensees, without any fault or negligence on the part of the Plaintiff ROBERT
WITHERWAX contributing thereto.
109. That by reason of the foregoing, Plaintiff ROBERT WITHERWAX sustained
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severe and permanent personal injuries; and Plaintiff ROBERT WITHERWAX was otherwise
damaged.
110. That solely by reason of the aforementioned negligence, carelessness and recklessness
of the Defendants, the Plaintiff ROBERT WITHERWAX sustained great bodily injuries with
accompanying pain; he became and continues to be sick, sore, lame and disabled; some of his injuries
will be permanent; he was and will be compelled to seek medical attention for these injuries; and has
been and will be unable to attend to his usual business and occupation.
111. That by reason of the foregoing the Plaintiff sustained severe and permanent personal
injuries, became sick, sore, lame and disabled; suffered injury to his nervous system; suffered mental
anguish; was confined to a hospital, bed and/or home and may in the future be so confined; was
incapacitated from attending to his usual social, economic, and vocational duties and may in the future
be so incapacitated; and Plaintiff was otherwise damaged.
112. That by reason of the foregoing, the Plaintiff has been damaged in an amount in excess
of the monetary limits of all lower courts which would otherwise have jurisdiction.
AS AND FOR A THIRD CAUSE OF ACTION
113. Plaintiff repeats, reiterates and realleges each and every allegation contained in
the preceding paragraphs with the same force and effect as though set forth at length herein.
114. That on the date of the incident the Plaintiff ROBERT WITHERWAX used
the aforementioned Pedal-Assist Citi Bike that was present at the location of the incident.
115. That the Defendants, LYFT, NYC BIKE SHARE, and SHIMANO warranted that
the aforementioned Pedal-Assist Citi Bike was fit for the purpose for which it was intended.
116. That the Defendants, LYFT, NYC BIKE SHARE and SHIMANO warranted
that the aforementioned Pedal-Assist Citi Bike was safe to use in every respect, and had been
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manufactured safely and warranted that it was good, safe and proper to use.
117. That the Defendants, LYFT, NYC BIKE SHARE and SHIMANO impliedly
warranted that the aforementioned Pedal-Assist Citi Bike was of merchantable quality and was
safe for use.
118. That relying upon said warranties, the Plaintiff ROBERT WITHERWAX
proceeded to use the aforementioned Pedal-Assist Citi Bike in accordance with its intended use.
119. That on the date of the incident, while the Plaintiff ROBERT WITHERWAX was
using the aforementioned Pedal-Assist Citi Bike, in accordance with its intended use, the
aforementioned Pedal-Assist Citi Bike, or one of its components, caused the Plaintiff ROBERT
WITHERWAX, to suffer and sustain severe, serious and permanent bodily injuries.
120. That the aforementioned incident was caused by reason that Defendants, LYFT,
NYC BIKE SHARE, and SHIMANO breached its warranties of merchantability and fitness for
intended use of the aforementioned Pedal-Assist Citi Bikes, which warranties were both express
and implied, in that the aforementioned Pedal-Assist Citi Bikes, as designed, manufactured and
sold, was in a condition that was neither merchantable nor fit for its intended use.
121. That by reason of the foregoing the Plaintiff sustained severe and permanent personal
injuries, became sick, sore, lame and disabled; suffered injury to his nervous system; suffered mental
anguish; was confined to a hospital, bed and/or home and may in the future be so confined; was
incapacitated from attending to his usual social, economic, and vocational duties and may in the future
be so incapacitated; and Plaintiff was otherwise damaged.
122. That by reason of the foregoing, the Plaintiff has been damaged in an amount in
excess of the monetary limits of all lower courts which would otherwise have jurisdiction.
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AS AND FOR A FOURTH CAUSE OF ACTION
123. Plaintiff repeats, reiterates and realleges each and every allegation contained in
the preceding paragraphs with the same force and effect as though set forth at length herein.
124. That the aforementioned Pedal-Assist Citi Bikes and/or its component parts, as
designed, manufactured, installed, inspected, tested, and initially sold, was defective in a manner
that rendered it inherently dangerous and that said defect was a substantial factor in causing the
serious and severe personal injuries to the Plaintiff.
125. That by reason of the foregoing, the Defendants, LYFT, NYC BIKE SHARE, and
SHIMANO, its agents and/or licensees, are liable to the Plaintiff in strict liability and tort, and/or
strict products liability.
126. As a result of the foregoing, the Plaintiff was caused to be rendered sick, sore,
lame and disabled, was caused to suffer great pain, was caused to sustain severe and protracted
injuries, was and is internally and externally injured, will continue to endure great pain and
suffering and has sustained and will continue to sustain special damages, all which Plaintiff
believes will continue in the future, all to their detriment and loss in an amount which exceeds
the jurisdictional limits of all other Courts.
127. That as a result of the foregoing, the defendants acted recklessly and wantonly and
without any regard to the safety of Plaintiff.
128. As a result of the foregoing, the Plaintiff has sustained an economic loss greater
than the economic loss and/or serious injury as defined in the Insurance Law of the State of New
York.
129. Plaintiff herewith demands a trial by jury.
WHEREFORE, Plaintiff ROBERT WITHERWAX demands judgment against
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Preview
FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF KINGS Date Purchased: --------------------------------------------------------------------- ROBERT WITHERWAX, SUMMONS Plaintiff, Plaintiff designates Kings County as the place of trial -against- The basis of venue is: LYFT, INC., NYC BIKE SHARE, LLC and Plaintiff’s Residence SHIMANO NORTH AMERICA HOLDING, INC., Defendants. --------------------------------------------------------------------- To the above-named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of your answer, or if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiff’s attorneys within (20) twenty days after the service of summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within (30) thirty days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York March 11, 2024 Yours, etc., SHLIVKO YOUNG LLP By: ___________________________ Jesse Young, Esq. Attorneys for Plaintiff 30 Wall Street, 8th Floor New York, NY 10005 Telephone: (212) 584-0582 Team@sylitigation.com PLEASE FORWARD TO YOUR INSURANCE COMPANY Defendants Info: Lyft, Inc. c/o CT Corporation System 28 Liberty Street New York, NY 10005 1 of 22 FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 NYC Bike Share, LLC 5202 3rd Avenue Brooklyn, NY 11220 c/o CT Corporation System 28 Liberty Street New York, NY 10005 Shimano North America Holding, Inc. c/o Registered Agent Solutions, Inc. 99 Washington Ave, Suite 1008 Albany, NY 12260 2 of 22 FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------- ROBERT WITHERWAX, Plaintiff, COMPLAINT -against- LYFT, INC., NYC BIKE SHARE, LLC and SHIMANO NORTH AMERICA HOLDING, INC., Defendants. --------------------------------------------------------------------- Plaintiff, by their attorneys, SHLIVKO YOUNG LLP, complaining of the Defendants herein, respectfully alleges upon information and belief: AS AND FOR A FIRST CAUSE OF ACTION 1. That on July 12, 2023 (hereinafter, “the date of the incident”) and at all times hereinafter mentioned, the Defendant LYFT, INC. (hereinafter “LYFT”) was and still is a foreign business corporation duly existing by and under the laws of the State of Delaware or another State within the United States. 2. That on the date of the incident and all times hereinafter mentioned, Defendant, LYFT, was and still is a foreign business corporation duly licensed and authorized to conduct and transact business in the State of New York. 3. That at all times hereinafter mentioned, Defendant, LYFT, committed a tortious act within the State of New York, and the causes of action asserted in this Complaint arise out of such act. 4. That at all times hereinafter mentioned, Defendant, LYFT, regularly does or solicits business, or engages in any persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in the State of New York. 3 of 22 FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 5. That at all times hereinafter mentioned, Defendant, LYFT, expects or reasonably expects the tortious act referred to in Paragraph 3 to have consequences in the State of New York and derives substantial revenue from goods used or consumed, and/or from the transaction of business, in the State of New York. 6. That at all times hereinafter mentioned, Defendant, LYFT, transacted and conducted business and provided services within the State of New York and derived substantial revenue therefrom. 7. That at all times hereinafter mentioned, Defendant, NYC BIKE SHARE, LLC (hereinafter “NYC BIKE SHARE”), was and still is a domestic limited liability company duly organized and existing under and by virtue of the laws of the State of New York. 8. That at all times hereinafter mentioned, Defendant, NYC BIKE SHARE, was and still is a domestic business corporation duly authorized to do business in the State of New York. 9. That on the date of the incident and all times hereinafter mentioned, Defendant, NYC BIKE SHARE, was and still is a foreign limited liability company duly licensed and authorized to conduct and transact business in the State of New York. 10. That at all times hereinafter mentioned, Defendant, NYC BIKE SHARE, transacted business within the State of New York and/or contracted to supply goods and/or services in the State of New York and the causes of action asserted in this Complaint arise out of such activities. 11. That at all times hereinafter mentioned, Defendant, NYC BIKE SHARE, committed a tortious act within the State of New York, and the causes of action asserted in this Complaint arise out of such act. 12. That at all times hereinafter mentioned, Defendant, NYC BIKE SHARE, regularly does or solicits business, or engages in any persistent course of conduct, or derives substantial 4 of 22 FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 revenue from goods used or consumed or services rendered in the State of New York. 13. That at all times hereinafter mentioned, Defendant, NYC BIKE SHARE, expects or reasonably expects the tortious act referred to in Paragraph 11 to have consequences in the State of New York and derives substantial revenue from goods used or consumed, and/or from the transaction of business, in the State of New York. 14. That at all times hereinafter mentioned, Defendant, NYC BIKE SHARE, transacted and conducted business and provided services within the State of New York and derived substantial revenue therefrom. 15. That at all times hereinafter mentioned, Defendant, SHIMANO NORTH AMERICA HOLDING, INC. (hereinafter “SHIMANO”) was and still is a foreign business corporation duly existing by and under the laws of the State of California or another State within the United States. 16. That on the date of the incident and all times hereinafter mentioned, Defendant, SHIMANO, was and still is a foreign business corporation duly licensed and authorized to conduct and transact business in the State of New York. 17. That on the date of the incident and at all times hereinafter mentioned, the Defendant LYFT was in the business of owning, operating, managing, maintaining, installing, selling, manufacturing and/or distributing a bike sharing system within the City of New York, commonly known and referred to as Citi Bike (hereinafter “Citi Bike” or “Citi Bike program”) for the purpose of sale and use to the public. 18. That on the date of the incident and at all times hereinafter mentioned, the Defendant NYC BIKE SHARE was in the business of owning, operating, managing, maintaining, installing, selling, manufacturing and/or distributing the Citi Bike program for the purpose of sale 5 of 22 FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 and use to the public. 19. That, upon information and belief, on the date of the incident and at all times hereinafter mentioned, the Defendant SHIMANO was in the business of selling, manufacturing, supplying and distributing component parts for e-bicycles for the purpose of sale and use to businesses. 20. That, upon information and belief, on the date of the incident and at all times hereinafter mentioned, the Defendant SHIMANO was in the business of selling, manufacturing, supplying and distributing component parts for e-bicycles intended to be used in the Citi Bike program. 21. That, upon information and belief, on the date of the incident and at all times hereinafter mentioned, the Defendant, SHIMANO, designed, manufactured, produced, distributed, supplied, sold, delivered and installed component parts for e-bicycles including power modulators. 22. That, upon information and belief, on the date of the incident and at all times hereinafter mentioned, the Defendant, SHIMANO, designed, manufactured, produced, distributed, sold, supplied, delivered and installed component parts for e-bicycles including power modulators to various businesses. 23. That, upon information and belief, on the date of the incident and at all times hereinafter mentioned, the Defendant, SHIMANO, derived substantial revenue from interstate commerce by and through the sale and/or distribution of packaging component parts for e-bicycles, including, but not limited to the power modulators, and their components parts, including within the State of New York. 24. That at all times hereinafter mentioned, Defendant, SHIMANO, regularly does or 6 of 22 FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 did transact business within the State of New York and/or contracted to supply goods and/or services in the State of New York and the causes of action asserted in this Complaint arise out of such activities. 25. That at all times hereinafter mentioned, Defendant, SHIMANO, committed a tortious act within the State of New York, and the causes of action asserted in this Complaint arise out of such act. 26. That at all times hereinafter mentioned, Defendant, SHIMANO, regularly does or solicits business, or engages in any persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in the State of New York. 27. That at all times hereinafter mentioned, Defendant, SHIMANO, expects or reasonably expects the tortious act referred to in Paragraph 41 to have consequences in the State of New York and derives substantial revenue from goods used or consumed, and/or from the transaction of business, in the State of New York. 28. That at all times hereinafter mentioned, Defendant, SHIMANO, transacted and conducted business and provided services within the State of New York and derived substantial revenue therefrom. 29. That this action falls within one or more of the exceptions set forth in CPLR §1602. 30. That at all times hereinafter mentioned, the Citi Bike program included the provisions and/or rentals of bicycles for licensed users of the Citi Bikes, including Pedal-Assist Citi Bikes. 31. That on or prior to the date of incident and at all times hereinafter mentioned, the Defendant, LYFT, became the owner of the Citi Bike program. 32. That on or prior to the date of the incident and at all times hereinafter mentioned, 7 of 22 FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 pedal assist e-bicycles (hereinafter “Pedal Assist Citi Bikes”) were among the bicycles used in the Citi Bike program. 33. That on or prior to the date of the incident and at all times hereinafter mentioned, the Defendant, LYFT, became the owner of the bicycles used in the Citi Bike program. 34. That on or prior to the date of the incident and at all times hereinafter mentioned, the Defendant, LYFT, became the owner of the bicycles used in the Citi Bike program, including the Pedal-Assist Citi Bikes. 35. That at all times hereinafter mentioned, the Defendant, LYFT, owned the Citi Bike program within the City of New York. 36. That at all times hereinafter mentioned, the Defendant, LYFT, owned the bicycles used in the Citi Bike program, including E-bikes. 37. That at all times hereinafter mentioned, the Defendant, LYFT, operated the Citi Bike program within the City of New York. 38. That at all times hereinafter mentioned, the Defendant, LYFT, operated the bicycles used in the Citi Bike program, including E-bikes. 39. That at all times hereinafter mentioned, the Defendant, LYFT, managed the Citi Bike program within the City of New York. 40. That at all times hereinafter mentioned, the Defendant, LYFT, managed the bicycles used in the Citi Bike program, including E-bikes. 41. That at all times hereinafter mentioned, the Defendant, LYFT, maintained the Citi Bike program within the City of New York. 42. That at all times hereinafter mentioned, the Defendant, LYFT, maintained the bicycles used in the Citi Bike program, including E-bikes. 8 of 22 FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 43. That at all times hereinafter mentioned, the Defendant, LYFT, controlled the Citi Bike program within the City of New York. 44. That at all times hereinafter mentioned, the Defendant, LYFT, controlled the bicycles used in the Citi Bike program, including Pedal-Assist Citi Bikes. 45. That at all times hereinafter mentioned, the Defendant, NYC BIKE SHARE, owned the Citi Bike program within the City of New York. 46. That at all times hereinafter mentioned, the Defendant, NYC BIKE SHARE, owned the bicycles used in the Citi Bike program, including Pedal-Assist Citi Bikes. 47. That at all times hereinafter mentioned, the Defendant, NYC BIKE SHARE, operated the Citi Bike program within the City of New York. 48. That at all times hereinafter mentioned, the Defendant, NYC BIKE SHARE, operated the bicycles used in a Citi Bike program, including Pedal-Assist Citi Bikes. 49. That at all times hereinafter mentioned, the Defendant, NYC BIKE SHARE, managed the Citi Bike program within the City of New York. 50. That at all times hereinafter mentioned, the Defendant, NYC BIKE SHARE, managed the bicycles used in the Citi Bike program, including Pedal-Assist Citi Bikes. 51. That at all times hereinafter mentioned, the Defendant, NYC BIKE SHARE, maintained the Citi Bike program within the City of New York. 52. That at all times hereinafter mentioned, the Defendant, NYC BIKE SHARE, maintained the bicycles used in the Citi Bike program, including Pedal-Assist Citi Bikes. 53. That at all times hereinafter mentioned, the Defendant, NYC BIKE SHARE, controlled the Citi Bike program within the City of New York. 54. That at all times hereinafter mentioned, the Defendant, NYC BIKE SHARE, 9 of 22 FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 controlled the bicycles used in the Citi Bike program, including Pedal-Assist Citi Bikes. 55. That prior to the date of the incident, July 12, 2023, and at all times hereinafter mentioned, the Defendant SHIMANO was the manufacturer, supplier, and/or distributor of the braking system, hub and other component parts to be used on the Citi Bikes, and more specifically, the Pedal-Assist Citi Bikes. 56. That on the date of the incident and for some time prior thereto, Defendant SHIMANO designed the braking system, hub and other component parts that were being used on the Citi Bikes, and more specifically, the Pedal-Assist City Bikes, that were being provided and used by the Citi Bike program. 57. That on the date of the incident and for some time prior thereto, Defendant SHIMANO manufactured the braking system, hub and other component parts that were being used on the Citi Bikes, and more specifically, the Pedal-Assist City Bikes, that were being provided and used by the Citi Bike program. 58. That on the date of the incident and for some time prior thereto, Defendant SHIMANO maintained the braking system, hub and other component parts that were being used on the Citi Bikes, and more specifically, the Pedal-Assist City Bikes, that were being provided and used by the Citi Bike program. 59. That on the date of the incident and for some time prior thereto, Defendant SHIMANO distributed the braking system, hub and other component parts that were being used on the Citi Bikes, and more specifically, the Pedal-Assist City Bikes, that were being provided and used by the Citi Bike program. 60. That on the date of the incident and for some time prior thereto, Defendant SHIMANO sold the braking system, hub and other component parts that were being used on the 10 of 22 FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 Citi Bikes, and more specifically, the Pedal-Assist City Bikes, that were being provided and used by the Citi Bike program. 61. That on the date of the incident and for some time prior thereto, Defendant SHIMANO installed the braking system, hub and other component parts that were being used on the Citi Bikes, and more specifically, the Pedal-Assist City Bikes, that were being provided and used by the Citi Bike program. 62. That on the date of the incident and for some time prior thereto, Defendant SHIMANO repaired the braking system, hub and other component parts that were being used on the Citi Bikes, and more specifically, the Pedal-Assist City Bikes, that were being provided and used by the Citi Bike program. 63. That prior to the date of the incident and at all times hereinafter mentioned, Defendant SHIMANO sold to LYFT, the aforementioned braking systems, hubs and other component parts that were being used on Pedal-Assist City Bikes that were being provided and used by the Citi Bike program. 64. That prior to the date of the incident and at all times hereinafter mentioned, Defendant SHIMANO sold to NYC BIKE SHARE, the aforementioned braking systems, hubs and other component parts that were being used on Pedal-Assist City Bikes that were being provided and used by the Citi Bike program. 65. That prior to the date of the incident and at all times hereinafter mentioned, the Defendant SHIMANO manufactured, supplied, and/or distributed the aforementioned braking systems, hubs and other component parts to the Defendants, LYFT and NYC BIKE SHARE. 66. That prior to the date of the incident, and at all times hereinafter mentioned, the Defendant SHIMANO recommended to the Defendants, LYFT and NYC BIKE SHARE, 11 of 22 FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 that the braking systems it sold, distributed, manufactured, supplied, and/or installed, was to be utilized with a hub and power modulator for use with the Pedal-Assist Citi Bikes. 67. That prior to the date of the incident, and at all times hereinafter mentioned, the Defendant SHIMANO recommended to the Defendants, LYFT and NYC BIKE SHARE, that the aforementioned braking system was to be utilized with a hub and power modulator for use with the Pedal-Assist Citi Bikes, to reduce excess force on the front brakes. 68. That prior to the date of the incident, and at all times hereinafter mentioned, the Defendant SHIMANO recommended to the Defendants, LYFT and NYC BIKE SHARE, that the aforementioned braking system was to be utilized with a hub and power modulator for use with the Pedal-Assist Citi Bikes, or the front wheel would lock and the bicycle may fall forward, causing serious injury to the bicycle operator. 69. That prior to the date of the incident, and at all times hereinafter mentioned, the Defendant SHIMANO did not sell the hub and power modulator for the braking system to be used with the Pedal-Assist Citi Bikes as a set, despite being aware that the absence of said hub and modulator would increase the likelihood of injury to individuals using Pedal-Assist City Bikes. 70. That prior to the date of the incident, and at all times hereinafter mentioned, the Defendants LYFT and NYC BIKE SHARE failed to follow the recommendation of Defendant SHIMANO. 71. That prior to the date of the incident, and at all times hereinafter mentioned, the Defendants, LYFT and NYC BIKE SHARE, failed to equip the Pedal-Assist Citi Bikes with the brake and hub with power modulator as a set. 72. That on the date of the incident, and for some time prior thereto, Defendant LYFT offered Pedal-Assist bicycles for use to patrons of the Citi Bike program. 12 of 22 FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 73. That on the date of the incident, and for some time prior thereto, Defendant NYC BIKE SHARE offered Pedal-Assist bicycles for use to patrons of the Citi Bike program. 74. That on the date of the incident the Plaintiff was lawfully using a Pedal-Assist Citi Bike with the knowledge and consent of the Defendants, LYFT and NYC BIKE SHARE. 75. That on the date of the incident, as the Plaintiff was using the aforementioned Pedal- Assist Citi Bike, he was caused to be seriously, severely and permanently injured, through no fault of his own, when the bicycle, without warning, inexplicably stopped and the Plaintiff was propelled forward and caused to be injured. 76. That on and prior to the date of the incident and at all times hereinafter mentioned, the Defendants, LYFT and NYC BIKE SHARE, their agents, servants, and/or employees were involved in the design, manufacture, supply, installation and assembly of the Pedal-Assist Citi Bikes, including but not limited to its braking system, braking hub, and various component parts. 77. That at all times hereinafter mentioned, the Defendant, LYFT and NYC BIKE SHARE, their agents, servants and/or employees, designated employees whose responsibility included selecting the braking system, braking hub, and various component parts to be installed on the Pedal-Assist Citi Bikes so they could be operated safely. 78. That at all times hereinafter mentioned, the Defendants, LYFT and NYC BIKE SHARE, their agents, servants and/or employees, had a duty to ensure that all braking systems, braking hubs, and component parts installed on the subject Pedal-Assist Citi Bikes were compatible with each other, were in a reasonably safe condition when used in combination, and that the completed Pedal-Assist Citi Bikes were fit for their intended use. 13 of 22 FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 79. That at all times hereinafter mentioned, the Defendants, LYFT and NYC BIKE SHARE, their agents, servants and/or employees, had a duty to inspect, service, repair, and maintain the Pedal-Assist Citi Bikes, including but not limited to the braking systems, braking hubs, and component parts, in a condition whereby they were safe for use by consumers. 80. That the Pedal Assist Citi Bike bicycles that were delivered, installed, supplied and/or provided and made available for use in the City Bike program were in an unfit operational condition which, among other things, caused the front brakes to engage and/or lock without warning and caused other operational difficulties. 81. That Defendants LYFT and NYC BIKE SHARE, were aware, or with the exercise of reasonable care, should have known, of the aforementioned operational difficulties of the Pedal Assist City Bike bicycles that were delivered, installed, supplied and/or made available for use in the Citi Bike program. 82. That Defendants LYFT and NYC BIKE SHARE, failed to apprise, warn and/or advise the patrons of the Citi Bike program and/or the expected and intended users of the Pedal Assist Citi Bike bicycles, of the aforementioned defects and operational difficulties of the Pedal Assist Citi Bike bicycles. 83. That on the date of the incident, July 12, 2023, and at all the times hereinafter mentioned, the Plaintiff, ROBERT WITHERWAX, was operating a Pedal-Assist Citi Bike with the permission and consent of the Defendants, LYFT and NYC BIKE SHARE. 84. That on the date of the incident, and at all the times hereinafter mentioned, the Plaintiff, ROBERT WITHERWAX, was operating a Pedal-Assist Citi Bike pursuant to a financial agreement with the Defendants, LYFT and NYC BIKE SHARE. 85. That on the date of the incident, there existed a roadway known as Church Street 14 of 22 FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 bike lane, New York, New York. 86. That on the date of the incident, the aforementioned roadway known as Church Street bike lane, closest to its intersection of Vesey Street, New York, New York, was a public roadway, thoroughfare, and bicycle path. 87. That on the date of the incident, the Plaintiff was operating a Pedal-Assist Citi Bike at Church Street, New York, New York. 88. That on the date of the incident, the Plaintiff was lawfully and properly operating a Pedal-Assist Citi Bike at said location. 89. That on the date of the incident, at or about said location, the aforementioned Pedal- Assist Citi Bike malfunctioned, causing the Plaintiff to fall. 90. That on the date of the incident, as a result of the Plaintiff’s fall, he was seriously injured. 91. That the aforementioned occurrence was caused solely and wholly by reason of the negligence of the Defendants LYFT and NYC BIKE SHARE, without any fault or negligence on the part of the Plaintiff contributing thereto. 92. That the Defendants LYFT and NYC BIKE SHARE, were negligent, careless and reckless in failing to properly maintain the Pedal- Assist Citi Bike used by the Plaintiff, in designing, manufacturing, selling, delivering, installing, repairing, managing, distributing and/or maintaining the Pedal-Assist Citi Bike in an unfit, dangerous and hazardous condition, in failing to notify and/or inform the patrons of the Citi Bike program of the unfit condition and/or operational difficulties of the Pedal-Assist Citi Bike used by the Plaintiff and in otherwise acting or failing to action with respect to the Pedal-Assist Citi Bike used by the Plaintiff. 93. That at all times hereinafter mentioned, the Defendants, LYFT and NYC BIKE 15 of 22 FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 SHARE, were involved in the design, manufacture, supply, ownership, possession, operation, maintenance, management, control, alteration, and/or repair of the Pedal-Assist Citi Bikes. 94. That at all times hereinafter mentioned, the manner in which the Defendants, LYFT and NYC BIKE SHARE, negligently, carelessly, recklessly and/or grossly negligently owned, possessed, operated, maintained, managed, controlled, altered or repaired the aforementioned Pedal-Assist Citi Bike permitted and allowed the aforementioned Pedal-Assist Citi Bikes to exist in an unfit operational condition which permitted and allowed the Plaintiff to suffer and sustain serious, severe and permanent personal injuries. 95. That Defendants, LYFT and NYC BIKE SHARE were aware, or with the exercise of reasonable care, should have known, of the operational difficulties of the aforementioned Pedal- Assist Citi Bikes. 96. That Defendants, LYFT and NYC BIKE SHARE failed to apprise, warn and/or advise the Plaintiff of the operational difficulties of the aforementioned Pedal-Assist Citi Bikes. 97. That Defendants, LYFT and NYC BIKE SHARE, negligently, carelessly, recklessly and/or grossly negligently altered and/or removed guards, interlocking devices or other protective devices that could have protected the Plaintiff from sustaining injuries. 98. That Defendants, LYFT and NYC BIKE SHARE, were aware, or with the exercise of reasonable care, should have known, that the failure to install or otherwise equip the Pedal-Assist Citi Bikes with component parts, including but not limited to a power modulator or other necessary components, would expose individuals using the aforementioned Pedal-Assist Citi Bikes, including the Plaintiff herein, to sustaining injuries. 99. That despite having such knowledge and awareness, Defendants, LYFT and NYC BIKE SHARE, failed to apprise, warn and/or advise the Plaintiff of the failure to install or otherwise 16 of 22 FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 equip the Pedal-Assist Citi Bikes with component parts, including but not limited to a power modulator or other necessary components. 100. That the Defendants, LYFT and NYC BIKE SHARE, were negligent, careless, reckless and/or grossly negligent in failing to properly own, possess, operate, maintain, manage, control, alter and/or repair the aforementioned Pedal-Assist Citi Bikes. 101. That solely by reason of the aforementioned negligence of the Defendants, LYFT and NYC BIKE SHARE, the Plaintiff ROBERT WITHERWAX was seriously, severely and permanently injured, and the Plaintiff was otherwise damaged. 102. That solely by reason of the aforementioned negligence, carelessness and recklessness of the Defendants, LYFT and NYC BIKE SHARE, the Plaintiff ROBERT WITHERWAX sustained great bodily injuries with accompanying pain; he became and continues to be sick, sore, lame and disabled; some of his injuries will be permanent; he was and will be compelled to seek medical attention for these injuries; and has been and will be unable to attend to his usual business and occupation. 103. That by reason of the foregoing, the Plaintiff has been damaged in an amount in excess of the monetary limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION 104. Plaintiff repeats, reiterates and realleges each and every allegation contained in the preceding paragraphs with the same force and effect as though set forth at length herein 105. That the Defendant SHIMANO, its agents, servants, employees, and/or distributors, manufactured, distributed, installed, designed, inspected, advertised, marketed, sold, or otherwise offered into the stream of commerce the component parts, including but not limited to power 17 of 22 FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 modulators for use on the Pedal-Assist Citi Bikes for use by businesses such as those owned and operated by the Defendants LYFT and NYC BIKE SHARE. 106. That the negligent manufacture, distribution, testing, installation, inspection, and/or design of the component parts, including but not limited to the power modulators by the Defendant SHIMANO, its agents, servants, employees, and/or distributors, caused injury within the State of New York, and more particularly, to the Plaintiff, ROBERT WITHERWAX, herein thereby conferring jurisdiction over the Defendant SHIMANO, within the State of New York and more particularly, within the Supreme Court of the State of New York in and for the County of New York. 107. That the Plaintiff ROBERT WITHERWAX was injured as a consequence of the negligence, gross negligence, carelessness and recklessness of the Defendant SHIMANO, its agents, servants, and/or employees, in the manufacturing, distribution, testing, installation, inspection, selling, marketing and/or design of the aforementioned Pedal-Assist Citi Bike component parts, including but not limited to power modulators, that should have been installed, located and/or present at the location of the incident on the date of the incident, but were failed to be installed and/or equipped on the aforementioned Pedal-Assist Citi Bikes and which did not protect the Plaintiff, thereby being a contributing factor to the injuries and damages suffered by the Plaintiff. 108. That the aforementioned incident was caused wholly and solely by reason of the negligence, carelessness and recklessness of the Defendants and/or Defendants’ agents, servants, employees and/or licensees, without any fault or negligence on the part of the Plaintiff ROBERT WITHERWAX contributing thereto. 109. That by reason of the foregoing, Plaintiff ROBERT WITHERWAX sustained 18 of 22 FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 severe and permanent personal injuries; and Plaintiff ROBERT WITHERWAX was otherwise damaged. 110. That solely by reason of the aforementioned negligence, carelessness and recklessness of the Defendants, the Plaintiff ROBERT WITHERWAX sustained great bodily injuries with accompanying pain; he became and continues to be sick, sore, lame and disabled; some of his injuries will be permanent; he was and will be compelled to seek medical attention for these injuries; and has been and will be unable to attend to his usual business and occupation. 111. That by reason of the foregoing the Plaintiff sustained severe and permanent personal injuries, became sick, sore, lame and disabled; suffered injury to his nervous system; suffered mental anguish; was confined to a hospital, bed and/or home and may in the future be so confined; was incapacitated from attending to his usual social, economic, and vocational duties and may in the future be so incapacitated; and Plaintiff was otherwise damaged. 112. That by reason of the foregoing, the Plaintiff has been damaged in an amount in excess of the monetary limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A THIRD CAUSE OF ACTION 113. Plaintiff repeats, reiterates and realleges each and every allegation contained in the preceding paragraphs with the same force and effect as though set forth at length herein. 114. That on the date of the incident the Plaintiff ROBERT WITHERWAX used the aforementioned Pedal-Assist Citi Bike that was present at the location of the incident. 115. That the Defendants, LYFT, NYC BIKE SHARE, and SHIMANO warranted that the aforementioned Pedal-Assist Citi Bike was fit for the purpose for which it was intended. 116. That the Defendants, LYFT, NYC BIKE SHARE and SHIMANO warranted that the aforementioned Pedal-Assist Citi Bike was safe to use in every respect, and had been 19 of 22 FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 manufactured safely and warranted that it was good, safe and proper to use. 117. That the Defendants, LYFT, NYC BIKE SHARE and SHIMANO impliedly warranted that the aforementioned Pedal-Assist Citi Bike was of merchantable quality and was safe for use. 118. That relying upon said warranties, the Plaintiff ROBERT WITHERWAX proceeded to use the aforementioned Pedal-Assist Citi Bike in accordance with its intended use. 119. That on the date of the incident, while the Plaintiff ROBERT WITHERWAX was using the aforementioned Pedal-Assist Citi Bike, in accordance with its intended use, the aforementioned Pedal-Assist Citi Bike, or one of its components, caused the Plaintiff ROBERT WITHERWAX, to suffer and sustain severe, serious and permanent bodily injuries. 120. That the aforementioned incident was caused by reason that Defendants, LYFT, NYC BIKE SHARE, and SHIMANO breached its warranties of merchantability and fitness for intended use of the aforementioned Pedal-Assist Citi Bikes, which warranties were both express and implied, in that the aforementioned Pedal-Assist Citi Bikes, as designed, manufactured and sold, was in a condition that was neither merchantable nor fit for its intended use. 121. That by reason of the foregoing the Plaintiff sustained severe and permanent personal injuries, became sick, sore, lame and disabled; suffered injury to his nervous system; suffered mental anguish; was confined to a hospital, bed and/or home and may in the future be so confined; was incapacitated from attending to his usual social, economic, and vocational duties and may in the future be so incapacitated; and Plaintiff was otherwise damaged. 122. That by reason of the foregoing, the Plaintiff has been damaged in an amount in excess of the monetary limits of all lower courts which would otherwise have jurisdiction. 20 of 22 FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 AS AND FOR A FOURTH CAUSE OF ACTION 123. Plaintiff repeats, reiterates and realleges each and every allegation contained in the preceding paragraphs with the same force and effect as though set forth at length herein. 124. That the aforementioned Pedal-Assist Citi Bikes and/or its component parts, as designed, manufactured, installed, inspected, tested, and initially sold, was defective in a manner that rendered it inherently dangerous and that said defect was a substantial factor in causing the serious and severe personal injuries to the Plaintiff. 125. That by reason of the foregoing, the Defendants, LYFT, NYC BIKE SHARE, and SHIMANO, its agents and/or licensees, are liable to the Plaintiff in strict liability and tort, and/or strict products liability. 126. As a result of the foregoing, the Plaintiff was caused to be rendered sick, sore, lame and disabled, was caused to suffer great pain, was caused to sustain severe and protracted injuries, was and is internally and externally injured, will continue to endure great pain and suffering and has sustained and will continue to sustain special damages, all which Plaintiff believes will continue in the future, all to their detriment and loss in an amount which exceeds the jurisdictional limits of all other Courts. 127. That as a result of the foregoing, the defendants acted recklessly and wantonly and without any regard to the safety of Plaintiff. 128. As a result of the foregoing, the Plaintiff has sustained an economic loss greater than the economic loss and/or serious injury as defined in the Insurance Law of the State of New York. 129. Plaintiff herewith demands a trial by jury. WHEREFORE, Plaintiff ROBERT WITHERWAX demands judgment against 21 of 22 FILED: KINGS COUNTY CLERK 03/11/2024 07:45 PM INDEX NO. 507167/2024 NYSCEF DOC. NO. 1