By Nancy Bowman, Staff Writer for the Dayton Daily News, Monday, March 19, 2007.
TROY The first lawsuit involving the Miami County bike trail has been filed in Common Pleas Court following an August crash between two bicycles.
In the suit, the Plaintiff was injured the afternoon of Aug. 24 on a bike trail section in Troy. The injured cyclist claims he was riding his Schwinn bicycle on the trail when he was struck by a Denali bicycle operated by the Defendant. The Defendant is accused of operating his bicycle down hill and around a corner at a high rate of speed. Plaintiff claims the Defendant went left of center and hit his bicycle after failing to maintain proper control of the bicycle and failing to keep a proper lookout. The Plaintiffs seek an unspecified amount of damages for his injuries, damage to personal property and other claimed losses. They want a jury to hear the case. In an answer to the suit, the Defendant said he was on the bike trail but denies negligence. The Defendant asked the Judge to dismiss the lawsuit. The bike trail’s first section south of Troy in Concord Twp. opened in 2003 with the Troy trail section where the crash occurred opening in 2005. The County parks district executive director, said he was not aware of the lawsuit’s filing.