The family of a 24-year-old man who died more than a year ago while riding a rental scooter on Munger Avenue has filed a lawsuit that claims the scooter was defective, Channel 4 reported.

Jacoby Stoneking crashed on a Lime scooter in September 2018 while riding in East Dallas on his way home from work. When police arrived, they found Stoneking unresponsive and his scooter split in half against the curb. He died of traumatic brain injury the next day.

The lawsuit against Lime claims that the scooter broke apart, which caused Stoneking to fall, according to the station. Lime has denied the allegation.

“We allege the scooter was defective as designed and manufactured,” attorney Michael Ace told Channel 4.

The case will never go before a jury because of the fine print on the Lime app, the station reported. A clause within the 18,000 word user agreement states that instead of a trial, any lawsuits brought against the company must go before an arbiter in California.

“Our user agreement uses the same standard language as other providers across the industry,” a Lime spokesperson told Channel 4 in an email.

The lawsuit was filed last year and remains in arbitration in California.

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