VeloSwap is coming Up Fast, November 4, 2017

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Saturday, November 4, 2017
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VeloSwap is for Everyone!!

Buy Tickets Here
If you like biking, you belong at VeloSwap. Every year, every one is invited to the world’s largest consumer bike swap and expo.
Mark your calendar for Denver’s fall tradition: This one-day-only cycling marketplace and festival happens Saturday, Nov. 4, 2017.
VISIT THE WEBSITE
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Purchase Tickets at Performance Bicycle
All front range Performance Bicycle retailers are selling discounted VeloSwap tickets. Find a shop near you here!
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Happenings On Site!

You’ve come to shop and found that killer deal, now what?

  • Demo a bike
  • Visit Bikes Together Educational area
  • Hang out in the VeloLounge
  • Visit with supplier and reps to discuss what the 2018 lines will look like.
  • More…
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Plan Your Day!

Not sure how best to maximize your VeloSwap day? Visit our Plan You Day section and get some best practice tips!

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Boulder, CO 80301

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Email the Jefferson County, CO Commissioners and Encourage them to put in Bike Lanes

Bicycle Colorado is a member-supported nonprofit organization that encourages and promotes bicycling,
increases safety, improves conditions and provides a voice for people who ride bikes in Colorado.vertical-response-header_action-alert

Speak up for bike lanes in Jeffco

Please take action today. On November 24, the Jefferson County Commissioners will vote on proposed changes to county transportation regulations that, if passed, would add bike lanes on several county streets.

The commissioners’ vote could go either way. Every email in support will count!

What we’re asking you to do

Please email the county commissioners.Include your name and tell them what part of the county you live in. Express your support for the proposed changes and why you think they would be good for the county. Things to emphasize:

  • Safety Bicycle lanes on roadways provide cyclists and motorists with a simple visual indicator of where each vehicle should be on the roadway.
  • Economic vitality Attracting local and visiting cyclists to our county is good for the bottom line. They ride here and they spend money here.
  • Consistency with county policy The proposed changes are consistent with several policies in the county’s adopted Comprehensive Plan and Bicycle Master Plan. Failure to adopt the changes would directly conflict with adopted policy.
  • Public health A rising percentage of Jefferson County adults are obese, placing a growing financial burden on the county and Colorado. To reduce this burden, Jeffco should join the growing number of communities providing residents and visitors with safe public spaces to ride for both recreation and commuting.

Thank you for helping to create a bicycle-friendly Jefferson County by contacting your commissioners!

**Pardon any duplication. Several regional partners are focused on this issue.**

Yale Ave bike lanes


It’s a balance, healthy kids versus safe kids, health adults versus safe adults, polluted air versus clean air or more importantly, personal choice versus you telling me what to do.

Study from Sweden looks at the effects of cycling after a 2005 law requiring children to wear helmets while riding bikes.

This article came from a study by the Swedish Association of Transportation Planners. The article, What happens when you mandate helmet-wearing among young Swedish cyclists? is based on the study.

These are quotes from the article. Emphasize in bold is mine.

Mandatory helmet laws have been controversial in that they seem to have a limited effect on the number of head injuries, if at all, but instead are correlated with a decrease in cycling numbers.

Graph 1 shows the number of head injuries as a share of injuries to all parts of the body. The downward sloping lines indicate that head injuries are falling faster than other injuries.

clip_image001

 

As we can see there does not seem to be a difference between the trends of the different modes, suggesting that if there is any fall in the share of head injuries it is likely to be an effect of something that also applies to other or all road users.

However there does seem to be another effect of helmet laws, namely a decline in cycling among school children. In 1983 57% of children aged 7-9 had permission from their parents to bike to school without adult companion, and for the age group 10-12, 94% had such permission. By the year 2007 this had decreased to 25% and 79% respectively. Bearing in mind, the helmet law was introduced in 2005, we can’t be sure of a correlation, because the data consists of surveys from 1983 and then 2007. But we do also have data recording that the share of school journeys by bicycle fell from 33% in 2006 one year after the legislation to 29% in year 2012. The evidence does suggest that the effect of the helmet law primarily is that fewer children bike to school.

clip_image002

So the data does show a decline in cycling, but without annual surveys it’s hard to be sure of a correlation. However, a Danish report made the same link between declining cycling to school and helmet promotion and safety/scare campaigns. They determined that half the decline in cycling was caused by these campaigns, and half was caused by other factors such as more car traffic and longer distances to school.

From my perspective, laws telling me how to live don’t work, and this study shows that. Whether I wear a helmet is more personal issue that I should be allowed to decide.

More importantly, cycling increases the cyclist’s health, decreases air pollution and general promotes health. That is a greater benefit to all of us then the individual benefit of forcing someone to do something they may or may not want to do.

See: What happens when you mandate helmet-wearing among young Swedish cyclists?

Other Articles about this subject:

Bike Share programs flourish when helmets are not required                        http://rec-law.us/WrqmXI

Study shows that head injuries are on the rise on the slopes even though more people are wearing helmets                                                                                                                      http://rec-law.us/U91O73

Law requires helmets, injuries down fatalities up?                                           http://rec-law.us/YwLcea

Great editorial questioning why we need laws to “protect” us from ourselves.         http://rec-law.us/Ayswbo

Survey of UK physicians shows them against mandatory bicycle helmet laws.        http://rec-law.us/sYuH07

Recent UK poll shows that 10% of cyclists would quite biking if there was a compulsory helmet law.            http://rec-law.us/t1ByWk

 

 

 

 

What do you think? Leave a comment.

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By Recreation Law    Rec-law@recreation-law.com         James H. Moss

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Cycling, Helmets, Sweden, Biking

 


The Adventure Cycling Association shows more routes to travel the USA by bike

U.S. Bicycle Route System grows to over 8,000 miles

Adventure Cycling Association Logo

U.S. Bicycle Route System grows to over 8,000 miles

Official national bicycle network expands to 8,042 miles with addition of five new routes

MISSOULA, MONTANA, November 16, 2014 Adventure Cycling Association and the American Association of State Highway and Transportation Officials (AASHTO) today announced that AASHTO’s Special Committee on U.S. Route Numbering has approved 1,253 miles of new U.S. Bicycle Routes (USBRs): USBR 1 in Massachusetts and Florida, USBR 10 in Michigan, USBR 11 in Maryland, and USBR 90 in Florida. Realignments were also approved for USBR 76 and USBR 1 in Virginia, which were originally designated in 1982. The U.S. Bicycle Route System (USBRS) now encompasses 8,042 miles of routes in 16 states and the District of Columbia.

“We continue to be impressed by the strong work of state Departments of Transportation and congratulate them on their designations,” said AASHTO Executive Director Bud Wright. “We also wish to acknowledge our partnership with Adventure Cycling Association and the expertise they bring to the process.”

The U.S. Bicycle Route System is a developing national network of numbered and signed bicycle routes that connect people, communities, and the nation. Similar to emerging international networks, such as Europe’s EuroVelo network and Quebec’s La Route Verte, the U.S. Bicycle Route System provides important recreational and transportation options for the active traveler. Currently, more than 40 states are working to develop route corridors into official U.S. Bicycle Routes to be approved by AASHTO at their spring and fall meetings.

“With each new route and each new state in the U.S. Bicycle Route System, we will soon see this network reach every corner of America, from urban to rural areas” said Jim Sayer, executive director of Adventure Cycling Association. “Given the project’s momentum, we expect that, over time, the USBRS will become the largest official bicycle route network on the planet.”

U.S. Bicycle Route 1 in Florida (584.4 miles)

U.S. Bicycle Route 1 follows Florida’s Atlantic coast from Key West to Jacksonville, where it ends at the Georgia State Line. Much of USBR 1 follows the East Coast Greenway and Adventure Cycling Association’s Atlantic Coast Route. The route includes many scenic beaches and intersects cities and towns along the way.

Florida Department of Transportation Secretary Ananth Prasad commented, “We’re very pleased that Florida now joins other states in establishing U.S. Bicycle Routes. Milepost 0 in Key West will now be the starting point for U.S. Bicycle Route 1 as it is for U.S. Highway 1. The Sunshine State invites cyclists to enjoy our great state.”

State Bicycle Coordinator DeWayne Carver said that FLDOT plans to designate more U.S. Bicycle Routes in the near future.

U.S. Bicycle Route 90 in Florida (423.8 miles)

U.S. Bicycle Route 90 is an east-west route that connects the Alabama border to Florida’s Atlantic Coast in Butler Beach, just south of St Augustine. The route partly follows Adventure Cycling’s Southern Tier route and traverses rural north Florida through pastures, forests, and small towns, with a few “big city” stops in Pensacola and Tallahassee.

Florida DOT Secretary Ananth Prasad said, “cyclists can now follow USBR 90 across Florida from the coast to Alabama. We’ll guarantee to keep the route free from snow year-round and provide plenty of sunshine.”

Bicyclists interested in riding U.S. Bicycle Routes in Florida can find maps, turn-by-turn directions and other information at http://www.dot.state.fl.us/planning/policy/usbr.

U.S. Bicycle Route 11 in Maryland (34 miles)

US Bicycle Route 11 runs for 34 miles from the Pennsylvania state line northwest of Hagerstown to Harpers Ferry, West Virginia. There are a variety of urban and scenic attractions along the route, which follows a combination of rural roads, state highways and off-road trails. Cyclists can stop in downtown Hagerstown and explore its historical and art museums located in the picturesque Hagerstown City Park. For bicycle travelers interested in civil war history, there are many historical attractions along or near the route, including the National War Correspondents Memorial in Gathland State Park, the Antietam National Battlefield, and Harpers Ferry National Historical Park. USBR 11 also traverses the traffic-free, scenic Chesapeake and Ohio Canal Towpath (also designated as U.S. Bicycle Route 50) for 2.6 miles until it reaches Harpers Ferry.

“US Bicycle Route 11 will be a great asset for bicyclists and Washington County businesses,” said Richard Cushwa, Acting Chair of the Maryland Bicycle and Pedestrian Advisory Committee. “By connecting with U.S. Bicycle Route 50, this designation will help enhance safety, travel, and tourism throughout Western Maryland and beyond.”

For more information on bicycling in Maryland, visit the Maryland Department of Transportation Bicycle and Pedestrian site at http://1.usa.gov/1uLsgp3.

U.S. Bicycle Route 1 in Massachusetts (18 miles)

The Massachusetts Department of Transportation has designated two new segments along U.S. Bicycle Route 1, adding 18 miles to the route, which now totals 38 miles. The two new segments offer a glimpse of what makes Massachusetts a special place for local and long-distance travelers alike, with an array of landscapes and settlements along urban and rural byways.

The more northerly segment of USBR 1 in Salisbury and Newburyport straddles the majestic Merrimack River. USBR 1 here offers views of watercraft, and reminders of the area’s rich nautical history. While the Salisbury Old Eastern Marsh Trail provides proximity to expansive Atlantic Ocean beaches, Newburyport’s Clipper City Rail Trail reminds riders that the City’s clipper ships were once the fastest on the seas, spawning a global maritime trade. Both communities also offer nature preserves and museums in close proximity to USBR 1.

Further south, USBR 1 traverses through the communities of Topsfield, Wenham, Danvers, and Peabody, which are removed from the Atlantic and offer a different experience of Massachusetts. The Topsfield Linear Common and Wenham Swamp Walk wind their way through these communities, and riders are treated to a number of river crossings. Wetlands remind cyclists of glacial epochs long past, and boardwalks provide opportunities to explore these landscapes and natural history. Timeless town centers and deep woods also attract riders. Further south, USBR 1 enters busier settlements via the Danvers Rail Trail and Independence Greenway where cyclists can buy needed provisions.

U.S. Bicycle Route 10 in Michigan (193 miles)

U.S Bicycle Route 10 stretches for 193 miles along U.S. 2 and connects the eastern and central portions of Michigan’s Upper Peninsula. The eastern terminus connects with U.S. Bicycle Route 35 in St. Ignace. As the route travels west to Iron Mountain, Michigan, travelers are presented with stunning views of the Mackinac Bridge, rolling sand dunes along Lake Michigan, and tourist attractions like the famous Mystery Spot. The gently rolling route passes numerous parks, state and national forest lands, and scenic overlooks. Along the way, small lumber towns and rural communities offer everything a bicycle traveler could need every 20 to 30 miles.

A recent study initiated by the Michigan Department of Transportation showed that bicycling brings $668 million per year in economic benefits to Michigan’s economy. The state’s third U.S. Bicycle Route designation, USBR 10 will bring bicycle tourism revenue and new economic growth opportunities to Michigan’s Upper Peninsula. The designation is also part of a regional effort to complete U.S. Bicycle Routes around Lake Michigan and market the area as an active tourism destination.

Kerry Irons, a USBRS coordinator for Adventure Cycling based in Michigan, noted that “with the addition of USBR 10, Michigan is now tied with Florida for second place among states for USBR mileage (1,008 miles), with Alaska having the highest mileage (1,414 miles). We’re looking forward to the connection of USBR 37 to Wisconsin and the completion of USBRs all the way around Lake Michigan.”

U.S. Bicycle Route 1 Realignment in Virginia (6 miles added)

The Virginia Department of Transportation has realigned U.S. Bicycle Route 1 in Northern Virginia to provide a safer and more reliable route for cyclists. Increased traffic volumes, changes to access through Ft. Belvoir, and the closure of a bridge on Gunston Cove Rd were all factors which triggered a re-evaluation of the existing route. The realignment improved the scenic appeal of the route by adding more mileage along the Potomac River.

USBR 1 in Northern Virginia travels by several interesting and historic sites including Historic Occoquan, Mt. Vernon (Home of George Washington), Woodlawn Plantation, the Pope-Leighey house (designed by Frank Lloyd Wright), George Washington’s Grist Mill, and Old Town Alexandria. The route now ends at the 14th St Bridge in Washington DC.

United States Bicycle Route 76 Realignment in Virginia (6 miles removed)

The Virginia Department of Transportation (VDOT) has realigned U.S. Bicycle Route 76 in the Staunton District to provide a safer, more direct route for cyclists. The route was realigned just north of Lexington to Route 56 near Vesuvius and matches the existing Adventure Cycling TransAmerica Trail route. The new route follows roads with lower-volume traffic and avoids two interstate interchanges.

This section of USBR 76 passes through the historic city of Lexington, home of the Virginia Military Institute and Washington and Lee University. For eastbound cyclists, this section of USBR 76 is the last part of the route in the Shenandoah Valley and skirts the western foot of the Blue Ridge Mountains. The northern end of the realignment ends at Route 56 which then quickly climbs 2000 feet over four miles to the Blue Ridge Parkway. The 17-mile section of the Blue Ridge Parkway offers numerous scenic views and is consistently noted as one of the highlights of the TransAmerica Trail by cross country cyclists. Maps of the TransAmerica Trail are available at Adventure Cycling and more information about the USBR 76 route changes is available on the VDOT website.

The U.S. Bicycle Route System will eventually be the largest bicycle-route network in the world, encompassing more than 50,000 miles of routes. Adventure Cycling Association has provided dedicated staff support to the project since 2005, including research support, meeting coordination, and technical guidance for states implementing routes. Adventure Cycling also provides an updated list of links to maps and other resources for cyclists wishing to ride an established U.S. Bicycle Route on its Use a U.S. Bicycle Route page.

AASHTO’s support for the project is crucial to earning the support of federal and state agencies. AASHTO is a nonprofit, nonpartisan association representing highway and transportation departments in all 50 states, the District of Columbia, and Puerto Rico. A powerful voice in the transportation sector, AASHTO’s primary goal is to foster the development of an integrated national transportation system.

Support for the U.S. Bicycle Route System comes from Adventure Cycling members, donors, and a group of business sponsors that participate in the annual Build It. Bike It. Be a Part of It. fundraiser each May. The U.S. Bicycle Route System is supported in part by grants from the Tawani Foundation, Lazar Foundation, and Climate Ride.

Learn more at www.adventurecycling.org/usbrs.


BSA Summer Camp was able to have punitive damages claim dismissed prior to trial

Plaintiff’s complaint was not sufficient to adequately plead its claim for punitive damages.

N.H., a minor child, v. N.H., a minor child, v. Sequoyah Council, Inc., Boy Scouts of America, 2012 U.S. Dist. LEXIS 87452 (ED Ten 2012)

Plaintiff: N.H., a minor child, by and through his parents Jorge Hernandez and Elizabeth Hernandez and Jorge Hernandez and Elizabeth Hernandez, Individually

Defendant: Sequoyah Council, Inc., Boy Scouts of America

Plaintiff Claims: (1) it [defendant] failed to keep the mountain bike trails in a reasonably safe condition; (2) it failed to warn the minor plaintiff of hidden perils of the trails which defendant knew, or by reasonable inspection, could have discovered; (3) it failed to properly train its employees; (4) it failed to properly mark the bike trail; (5) it failed to properly evaluate and assess the skill of the minor plaintiff before allowing him to ride the trail; and (6) it was “negligent in other manners

Defendant Defenses: Unknown

Holding: Motion to dismiss punitive damages claim by defendant granted for defendant

 

This is a pre-trial decision and should not be relied upon for a firm statement about the law in Tennessee as far as dismissing claims prior to trial.

The plaintiff was a boy who went to a Boy Scout Summer Camp in Tennessee. While mountain biking at the camp his brakes allegedly did not work, and he rode off the trail and hit a tree.

The plaintiff sued for a multitude of claims, including an allegation that punitive damages were being requested. The defendant filed this motion prior to trial to eliminate the claim for punitive damages.

Summary of the case

The court looked at Tennessee’s law concerning punitive damages. Under Tennessee’s law, punitive damages are only available for “only the most egregious of wrongs.” “Accordingly, under Tennessee’s law, “a court may … award punitive damages only if it finds a defendant has acted either (1) intentionally, (2) fraudulently, (3) maliciously, or (4) recklessly.”

Punitive damages are not available for gross negligence. To receive punitive damages under Tennessee’s law:

A person acts recklessly when the person is aware of, but consciously disregards, a substantial and unjustifiable risk of such a nature that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances.

In this case, the complaint did not make any allegations that fit within the required definitions. Consequently, the part of the complaint demanding punitive damages was dismissed.

So Now What?

This was a pre-trial motion that was of interest; however, this is not a final decision in the case and could be overturned by another court after the trial on this case.

Tennessee has higher requirements for most other states to ask for and receive punitive damages. Consequently, the defendant was able to dismiss that part of the complaint in advance of trial.

It never hurts to know the specifics of what is required to prove damages above normal damages. That knowledge can help keep you safe.

What do you think? Leave a comment.

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By Recreation Law       Rec-law@recreation-law.com              James H. Moss               #Authorrank

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N.H., a minor child, v. Sequoyah Council, Inc., Boy Scouts of America, 2012 U.S. Dist. LEXIS 87452 (ED Ten 2012)

N.H., a minor child, v. Sequoyah Council, Inc., Boy Scouts of America, 2012 U.S. Dist. LEXIS 87452 (ED Ten 2012)

N.H., a minor child, by and through his parents Jorge Hernandez and Elizabeth Hernandez and Jorge Hernandez and Elizabeth Hernandez, Individually, v. Sequoyah Council, Inc., Boy Scouts of America

NO. 2:11-CV-171

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE

2012 U.S. Dist. LEXIS 87452

April 30, 2012, Filed

COUNSEL: [*1] For Jorge Hernandez, Individually Minor N. H, Elizabeth Hernandez, Individually Minor N. H., Plaintiffs: Thomas C Jessee, Jessee & Jessee, Johnson City, TN.

For Sequoyah Council, Inc., Boy Scouts of America, defendant: Suzanne S Cook, LEAD ATTORNEY, Hunter, Smith & Davis – Johnson City, Johnson City, TN.

JUDGES: J. RONNIE GREER, UNITED STATES DISTRICT JUDGE.

OPINION BY: J. RONNIE GREER

OPINION

ORDER

This personal injury action is before the Court pursuant to 28 U.S.C. § 1332. Pending before the Court is the defendant’s motion to dismiss plaintiffs’ demand for punitive damages pursuant to Federal Rule of Civil Procedure 12(b)(6). [Doc. 5]. For the reasons which follow, the motion is GRANTED.

FACTS

The following facts are taken from plaintiffs’ Complaint and are assumed true for the purposes of defendant’s motion to dismiss. In June 2010, the minor plaintiff was registered by his parents to participate in a summer camp owned and operated by defendant in an attempt to earn merit badges towards becoming an Eagle Scout. On June 15, 2010, while at this summer camp, the minor plaintiff participated in a mountain biking activity/class sponsored by defendant. During the course of his participation, the minor plaintiff discovered [*2] that the brakes on his bike were not working, and he rode off the trail and struck a tree, sustaining severe bodily injuries.

The defendant was allegedly negligent as follows: (1) it failed to keep the mountain bike trails in a reasonably safe condition; (2) it failed to warn the minor plaintiff of hidden perils of the trails which defendant knew, or by reasonable inspection, could have discovered; (3) it failed to properly train its employees; (4) it failed to properly mark the bike trail; (5) it failed to properly evaluate and assess the skill of the minor plaintiff before allowing him to ride the trail; and (6) it was “negligent in other manners.” [Doc. 1 at ¶19]. The Complaint also states that “the negligence of Defendant . . . was the proximate cause of the injuries to the minor plaintiff.” Id. at ¶20. The Complaint contains a number of additional paragraphs that allege how the “negligence” of the defendant was the proximate cause of various other consequences. Id. at ¶¶22-27. The final paragraph of the Complaint states, “As a proximate . . . result of the negligence of Defendant, the Plaintiffs have been damaged . . . in an amount not to exceed $600,000.00 actual damages. As a [*3] direct and proximate result of the gross negligence of the Defendant, the Plaintiffs believe they are entitled to recover punitive damages . . ..” Id. at ¶28 (emphasis added).

Defendant has filed a motion asking the Court to dismiss the Complaint so far as punitive damages are concerned on the ground that the plaintiffs have failed to adequately plead a factual basis that would provide for the award of punitive damages.

LEGAL STANDARD

[HN1] Fed.R.Civ.P. 8(a) requires “a short and plain statement of the claims” that “will give the defendant fair notice of what the plaintiff’s claim is and the ground upon which it rests.” The Supreme Court has held that “[w]hile a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff’s obligation to provide the ‘grounds’ of his ‘entitlement to relief’ requires more than just labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Factual allegations must be enough to raise a right to relief above the speculative level.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S. Ct. 1955, 167 L. Ed. 2d 929 (2007).

[HN2] “To survive a motion to dismiss, a complaint must contain sufficient factual matter, [*4] accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S. Ct. 1937, 173 L. Ed. 2d 868 (2009). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. Thus, “only a complaint that states a plausible claim for relief survives a motion to dismiss.” Id. at 1950. When considering a motion to dismiss, the Court must accept all of the plaintiff’s allegations as true in determining whether a plaintiff has stated a claim for which relief could be granted. Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S. Ct. 2229, 81 L. Ed. 2d 59 (1984).

ANALYSIS

[HN3] “In a diversity action . . . the propriety of an award of punitive damages for the conduct in question, and the factors the jury may consider in determining their amount, are questions of state law.” Browning-Ferris Indus. of Vt., Inc., v. Kelco Disposal, Inc., 492 U.S. 257, 278, 109 S. Ct. 2909, 106 L. Ed. 2d 219 (1989). Thus, to survive a motion to dismiss, a claim for punitive damages must be plausible as defined by Tennessee law.

[HN4] The Tennessee Supreme Court has held that punitive damages are available in cases involving “only the most egregious of wrongs.” [*5] Hodges v. S.C. Toof & Co., 833 S.W.2d 896, 901 (Tenn. 1992). Accordingly, under Tennessee law, “a court may . . . award punitive damages only if it finds a defendant has acted either (1) intentionally, (2) fraudulently, (3) maliciously, or (4) recklessly.” Id. 1

1 [HN5] The Tennessee Supreme Court has expressly stated that punitive damages are not available for “gross negligence.” Hodges, 833 S.W.2d at 900-901. However, the legal sufficiency of a complaint does not depend upon whether or not the plaintiffs invoked the right “magic words,” but instead whether the facts as alleged may plausibly be construed to state a claim that meets the standards of Rule 12(b)(6). See Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S. Ct. 1937, 173 L. Ed. 2d 868 (2009)(clarifying the dismissal standard under Rule 12(b)(6) and noting that “Rule 8 marks a notable and generous departure from the hyper-technical, code-pleading regime of a prior era”). Consequently, the Court will construe the plaintiffs’ allegations of “gross negligence” in paragraph 28 of the Complaint as an allegation that defendant behaved “recklessly.”

Here, defendant asserts that “Although the Complaint cursorily mentions ‘gross negligence’ one time in a conclusory manner, the Complaint [*6] lacks any facts or allegations that aver an utter lack of concern or reckless disregard such that a conscious indifference can even be implied . . ..” [Doc. 6 at 3]. The plaintiff counters that “The plaintiff in this case has identified specific detailed acts of negligence on the part of the defendant and . . . [consequently] it is clear that a jury could decide that the actions of the defendant were grossly negligent.” [Doc. 7 at 2].

The Court has reviewed the Complaint and agrees with the defendant. [HN6] “Where a complaint pleads facts that are merely consistent with a defendant’s liability, it stops short of the line between possibility and plausibility of entitlement to relief. Iqbal, 556 U.S. at 678. Such is the case with the Complaint in this matter. The entirety of the Complaint is dedicated to explaining why the defendant was negligent. However, there is no separate mention made regarding why the defendant was reckless. To be sure, the plaintiff could argue that by alleging in multiple paragraphs that defendant “knew, or should have known,” of certain unsafe conditions, he has sufficiently pled both negligence and recklessness. However, plaintiff would be mistaken in asserting such [*7] argument.

[HN7] Under Tennessee law, “A person acts recklessly when the person is aware of, but consciously disregards, a substantial and unjustifiable risk of such a nature that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances.” Hodges, 833 S.W.2d at 901. An examination of the Complaint reveals that plaintiffs have failed to allege how or why the defendant was aware of the deficiencies in the bicycle and the biking trail. This is fatal to plaintiffs’ claim for punitive damages. See Carrier Corp. v. Outokumpu Oyj, 673 F.3d 430, 445 (6th Cir. 2012) ( [HN8] “To survive a motion to dismiss . . . allegations must be specific enough to establish the relevant ‘who, what, where, when, how or why.”); See also, Tucker v. Bernzomatic, 2010 U.S. Dist. LEXIS 43771, 2010 WL 1838704 (E.D.Pa. May 4, 2010) (Dismissing punitive damages claim in products liability action because consumer did not allege how or why manufacturer knew that its product was dangerous).

In light of the foregoing, the Court concludes that the Complaint does not contain sufficient factual content to allow the Court to draw the reasonable inference that defendant has acted recklessly. [*8] See Iqbal, 556 U.S. at 678. The punitive damages claim will therefore be dismissed.

CONCLUSION

For the foregoing reasons, defendant’s motion to dismiss plaintiffs’ demand for punitive damages [Doc. 5] is GRANTED and plaintiffs’ demand for punitive damages is DISMISSED.

ENTER:

/s/ J. RONNIE GREER

UNITED STATES DISTRICT JUDGE

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Interbike 2013

The Good, The Bad, The Ugly and the Confusing

Overall, I believe Interbike was a success for the exhibitors attending and indoors.

New Venue: The show moved from the Sands to the Mandalay Bay Convention center. I had been to the convention center many times for the ski show and was familiar with the venue. Everyone else seemed confused with the new venue and booth arrangement. However, that confusion had a big payoff. The smaller 10 x 10 booths that normally don’t see anyone till late the first day or later were packed from the beginning. I talked to one exhibitor who had expected to have meetings the morning of the first day and did not get to them because of the traffic. That’s great.

Overall everyone thought traffic was good and constant.

Mandalay Bay’s food court was closed so that left few options for food. 4 options actually, all with the same fare. Day 1 and 2 the food was expensive but great. Day 3 the lettuce started to wilt. $7.50 for a Gatorade was also a little tough, but I should be used to it by now at trade shows.

When the Food court is open, life will get better. More and better food options are always great at a trade show.

Part of the show was outside. In theory, it was a great idea, the opportunity to test bikes, check out things what would not fit or would be hard to get into a trade show. The only problem was Mother Nature did not cooperate. It was hot. Most attendees got about 150’ out to the “paddock” and quit, returning quickly to the air-conditioned indoors. However the idea works.

The venue did bring back the crit. Having two bicycle races at a tradeshow, cyclecross and a crit are great! Two of the best reasons to attend the show is to relax after the day on the show floor and watch racing rather than crowing into a bar and not getting served (sorry started thinking about OR at SLC).

It would be nice to have a couple of straight aisles to move from one end of the show to the other. It helps with orientation also.

The overall opinion of the move to Mandalay Bay from the Sands: nicer bathrooms.

Eventually, everyone will know where everyone else is and things will settle back to the old familiarity everyone felt at the Sands. Mandalay Bay is smaller than the sands, but with the outdoor space, (weather permitting) and how much nicer the entire area is, Mandalay Bay will work.

Traffic: Traffic was down; Interbike preliminary numbers reported “Overall attendance was down 7 percent from 2012”. I think 7% is optimistic. Day two of the demo seemed that way to everyone I talked to. However, the total numbers do not matter; it only matters if the right people were there and every exhibitor I talked to accept one said they were happy with the attendance.

The one exhibitor who thought numbers were down was upstairs in the main hall and could have been downstairs in health and fitness business. That area was light, light might not be the best word, void might be better.

Walking through the health and fitness business section, it seemed like the same number of exhibitors were there. However buyers were not. Part of the problem was there was nothing on the main show floor saying where to find H&F Biz. or how to get there. I finally asked someone on how to get to the H&F Biz.

The App. The Interbike App was much better, must faster and worth downloading. Don’t go to a tradeshow and not use the app if they have one. The only problem was people walking around following their phones and having me bump into them……or maybe I was following my phone and bumping into them…..

Demo. The demo is the best part of Interbike. You get to ride bikes and figure out how bikes ride. You can compare bikes side by side or ride by ride. You get to talk to the mechanics, the people who work on the bikes and ask them questions about what works and what does not work. I’m afraid that Interbike will become like the ski show. People show up for the demo and skip the tradeshow.

Consumer Day: The major talk of the show was Consumer Day: The big talk for the entire show, instead of what was new, consumer day. Originally, Interbike tried to entice retailers to bring six of their best clients to Vegas and attend Interbike on the last day, for $50 each. That was expanded to anyone who attended Vegas Cyclecross and paid less, then anyone who rode the Vegas Fondo, then members for People for Bikes. Supposedly, the difference in what you paid was a different swag bag.

Exhibitors had three issues throughout the show: How was it going to work? Information was either hard to find or just missing as far as most exhibitors were concerned.

They’re going to steal us blind. One booth used plastic wrap on their booth each night to prevent theft when no one was in the booth. Friday morning they left the wrap on.

Can we sell to the people coming in? Many exhibitors pay for part of their costs and save shipping by selling to the exhibitors the last day. Retailers have a great deal on product and exhibitors have less to pack and ship and a little cash in their pocket at the end of the show. Exhibitors were met Friday morning with a piece of paper warning them not to sell anything on the last day. This was met with mixed reaction. Some booths that normally sold everything packed up everything and some booths were empty just as they normally were.

Consumer badges had a yellow/tan background. I started counting them when I saw them. I waited by the main door at 9:00 am expecting a rush of consumers. There was no rush of anyone. (I could have been at the wrong door…..) By 4:00 Pm I had counted 36 consumer badges. I did not search; I just counted if I saw a badge. By mid-morning, many consumers had turned their badge around so they were not identifiable as a consumer, so I’m sure there were more people than 36 consumers.

Interbike reported that “Preliminary data shows that approximately 750 verified consumers attended Interbike’s 1st consumer-access day on Friday, September 20th.” I think that is a little bit of a stretch or they reported something wrong. There were not 750 people on the show floor combined on Friday: Exhibitors, Buyers, Media and Consumers. I can’t believe I missed 714 people walking around the show floor.

The biggest tragedy of consumer day was exhibitors thought the consumers had chased buyers away. The exhibitors seemed right. There appeared to be a lot less buyers on the floor the last day. This was an open discussion on the floor throughout Friday.

The one funny thing is what the “consumers” did buy. Las Vegas has a dozen booth filler companies as I call them. I met one at an Interbike a while ago. They live in Vegas and make a living selling stuff at tradeshows. Many times they have nothing to do with the show. They are contacted by the convention center owners or the tradeshow when a tradeshow has space. They just quickly move in, set up and sell what they have. It is better to have “what are they doing here” booths than empty space according to my source.

At this year’s Interbike half of the consumers were walking around with bags from one of these booths. It was some sort of muscle stimulate selling for $60+ dollars on the show floor and available online for $5.

At least there wasn’t a personal injury law firm with a booth like last year.

Should you attend?

Yes. You should always attend your industry tradeshow.

1.   You find new things. Not in the big booths, but the next new thing that sits by your counter or in five years may occupy a large portion of your showroom floor. Small companies can’t hire reps and can’t come to see you. The next great bicycle thing only shot is the national tradeshow. That five minutes they can grab from you aisle you walk the back rows may be your profit next year.

The big booths have reps; the small booths have one shot.

2.   You need to learn. Not just from the education seminars but from everyone there. Standards change. The legal balance on how you run your store shifts with what some think is the wind. The best chance you have to stay on top of these issues is attending a trade show. Conversations in booths and in aisles can make big difference in how you run your store.

3.   Industry Support. The industry’s only real chance together is at a tradeshow. Those people, who volunteer their time and money to serve on boards for you, need to know it is worth their time and effort. You should show up to show the organizations that serve you, both as a retailer and a rider, that they are doing a good job. You need to let them know you care. The National Bicycle Dealers Association (NBDA) booth was staffed by a board member the entire show. You could walk up at any time and talk about your issues, gain their insight and let them know you appreciate their efforts.

4.   You put a face on an email or a phone number. Relationships are the key to the cycling industry. The stronger the relationship the better you and the industry. When you know who you are dealing with. When their face pops into you mind when you answer the phone the better your store or your

If nothing else you can stand around with the rest of us and watch consumers walk around…….

What do you think? Leave a comment.

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By Recreation Law    Rec-law@recreation-law.com      James H. Moss         #Authorrank

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