Vining v. Ninebot U.S., Inc. et al

On August 12, 2022, John K. Vining, (“Plaintiff”), represented by William J. Price of Elk & Elk Co., Ltd., filed a personal injury lawsuit against Ninebot U.S., Inc., Segway, Inc., Amazon.com Services LLC, and Amazon Logistics, Inc. (collectively, “Defendants”), seeking declaratory relief and compensatory damages for the alleged personal injury caused due to negligence and wrongful conduct in manufacturing and distributing its MiniPRO. This case was filed in the U.S. District Court for the Eastern District of Texas with Judges James L. Graham and Chelsey M. Vascura presiding. 

In the complaint, the plaintiff claimed, “Defendant Segway has designed, manufactured and supplied its MiniPRO products to Defendant Ninebot in the United States.”

Plaintiff also claimed that “MiniPROs have a model number of N3M260. The MiniPRO's serial number is N3MSA1734T0722.”

The plaintiff then alleged, “Defendant Segway sells its products to consumers and retailers, such as Defendant Ninebot, throughout the United States, including Ohio, who in turn sells them to customers.”

Plaintiff also alleged that “Plaintiff John K. Vining lost his balance, flew forward off the MiniPRO and faceplanted. He landed on his left wrist, left hand, left knee, and sustained fractures to multiple bones in his face, requiring surgery.”

The plaintiff also alleged, “[a]s a direct and proximate result of Defendants Segway and Ninebot's negligence and wrongful conduct in, inter alia, manufacturing and distributing its MiniPRO, and the unreasonably dangerous and defective characteristics of Defendants Segway and Ninebot's MiniPRO, Plaintiff John K. Vining suffered physical injury and bodily impairment, including but not limited to, lacerations and contusions, conscious pain and suffering, and economic losses, physical injuries, and emotional distress.”

Additionally, Plaintiff alleged that “[a]s a direct and proximate result of Plaintiff's use of the MiniPRO and Plaintiff John K. Vining's injuries, Plaintiff John K. Vining suffered damages and harm, including but not limited to, medical expenses and other harm.”

Plaintiff then alleged that “Defendant Ninebot should have known that consumers, such as Plaintiff John K. Vining, would foreseeably suffer injury as a result of Amazon’s failure to exercise reasonable care.”

Plaintiff also alleged that “[a]s a direct and proximate result of Plaintiff's use of MiniPRO as manufactured, designed, sold, supplied and introduced into the stream of commerce by Defendant Ninebot, Plaintiff John K. Vining suffered personal injury, economic and non-economic damages, and will continue to suffer such harm, damages, and economic loss in the future.”

Plaintiffs presented fourteen claims for relief, including for alleged strict liability due to defect in design or formulation, defective manufacturing, and inadequate warning. Other claims presented by the plaintiff included negligence, breach of implied and express warranties for fitness, claim of consortium, and punitive damage claims for Defendants that “knew or should have known of the dangerous propensity of the MiniPRO in foreseeable conditions.” 

In the prayer for relief, Plaintiff requested a judgement for declaratory relief, and an award in excess of $75,000, and other damages in an amount to be determined by a jury according to law, attorneys' fees, and costs of litigation. 

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