Case of the Day: Dickie v. Cannondale Corp., 2016 Ill. App. Unpub. LEXIS 1440 (Ill. Ct. App. 1st Dist. July 13, 2016)

Summary:

Plaintiff is a cyclist who became severely injured when the clip-on pedal on his bicycle failed to disengage. Defendant Cannondale is a bicycle maker; defendant Wellgo is a Taiwanese company that manufactured the bicycle pedal. The lower court issued a summary judgment in favor of both defendants.

The appellate court affirmed. One of the claims was that the plaintiff relied on the representation of Cannondale that its bicycles were "Handmade in the USA," although the allegedly malfunctioning pedal was made in Taiwan. The court found that there was no breach of warranty, since "Handmade in the USA" did not mean every component was made in the United States, and there was no negligent misrepresentation because the plaintiff never justifiably relied on the statement.

Takeaway:

It always tickles me to see people trying to play "gotcha" games with the law. Advertising slogans are just that; they are not legal representations.