Vinikoor v. Pedal Pennsylvania, Inc.

Paul Vinikoor (plaintiff), an experienced cyclist who'd been on many bike tours, was riding a tour led by Pedal Pennsylvania (defendant) when his front tire caught in a road groove, throwing him off his bike and dislocating his pelvis. Vinikoor sued Pedal and the state transportation department, alleging Pedal negligently failed to inspect the route and misrepresented it as safe; the trial court granted Pedal summary judgment, and Vinikoor appealed, arguing Pennsylvania's adoption of comparative negligence barred applying assumption of risk to defeat his claim.