REI appeals Monika's case

REI has just stated what is so sickening and shameful about its treatment of Monika.

If REI wishes to address the degree to which responsibility should be shared between a private label seller and the manufacturer who designed the flawed bike component, it should by all means go ahead and do so. Yet to do so at the expense of Monika's well being is deeply disheartening. Granted, the point is somewhat moot now because of Monika's accident, but making her family deal with it is only slightly less disheartening.

REI made a mistake when it signed an incomplete and poorly thought out contract with Fairly Bike Manufacturing company. Monika's accident has revealed the limitations of that contract. Now REI claims, as Steve has suggested, that "circumstances beyond its control" have rendered it powerless to resolve Monika's issue.

Bullshit. REI has the power to end litigation involving Monika('s family) at any time. It has always had this power. It would be costly, no doubt, but as I said in an earlier post, the cost to REI would be no more difficult to manage than what Monika had to endure on account of her accident. REI is not powerless by any stretch of the imagination.  

What's more, one of the reasons that REI is even attempting to excuse itself from responsibility is the result of the forensic bike test that revealed a manufacturing defect in the Aprebic fork. Monika paid for the test out of her own pocket without so much as a dime in reimbursement from REI. Think about that, whoever reads this. Monika paid close to 10k out her savings to pay for a test that REI requested, and never received reimbursement. What's 10k to REI? To Monika it meant not being able to fly to Germany for her grandmother's funeral last year.

Libby stated in that mass email she sent to people who voiced concern that REI stands by its products and has been committed to its co-op values throughout its defense. Libby, if you read this, are you aware that REI refused to reimburse Monika for the cost of her bike!?

REI is a hypocritical company, which in my opinion is the worst of the wost.

Pretty much as expected from what Big Steve had to say.

"The right to have a court or jury consider this question is important to all companies, big or small, that sell products under private labels. REI would have preferred to resolve Ms. Johnson’s case early on, but circumstances beyond our control made this impossible."

Would seem to be a conflicting statement except for the explanations that we have had.  In this case it would appear the company most intent on exercising this right is the insurance company.

When a product fails under warranty almost all companies will rectify the situation immediately without protest.  Many companies will also do so if a product is out of warranty but clearly defective.  But if such a product somehow causes damage, then the admission seems to go away....  Clearly money is everything here.

Don't be fooled by BS' or REI's arguments!  They're feeding you the party line typically spouted by corporate defense counsel (e.g., we can't do the right thing, because of an insurance policy).  Think about how absurd that is!  They're saying they can't pay proven damages established at trial, because of the terms of a commercial contract (which is all an insurance policy is).  That argument may have had some relevance before REI's liability was established at least 3 separate times (e.g., on summary judgment, at trial, and on appeal), but not at this stage. REI's probability of success at this point is incredibly small.  By appealing this time, they're electing a tactic intended to limit their liability (by delaying payment and increasing Monika's estate's costs). Their executives could make this all go away if they wanted to, without breaching their obligations to their members.  IMO the response they provided in their form email proves that they have been complicit in their defense strategy all along, and continue to care more about their bottom line than doing the right thing.  

Before everyone breaks out the torches and pitchforks, has anyone considered what Monika or her family would want done in this situation?

I got to climb/ski (chase!) Monika on Mt. Adams, and she didn't seem the type of person that would waste energy on futile or symbolic gestures.

BTW, I think Big Steve is spot on in his analysis of where to direct our efforts and outrage...I can't speak to the business/legal points. Thanks Steve for taking the time to present and clearly articulate your views. Maybe unpopular, but very important.

-Burns

BTW, I think Big Steve is spot on in his analysis of where to direct our efforts and outrage...I can't speak to the business/legal points.  Thanks Steve for taking the time to present and clearly articulate your views.  Maybe unpopular, but very important.

Yes! It's been an education. Thanks to all the legal types weighing in here and especially over at NWHikers.

This is sickening and I as well am angered for our friend's mistreatment - even so much moreso given her passing. But things don't change from an emotional response - only a calculated measured one. Yes, the system needs fixing, and yes, REI participated in the broken liability insurance game in ways they have to - but only economic impact from public shaming will change how REI responds and treats its clients. My calculated measured response to the tremendously insulting response of "valuing our members and standing behind our products" is sorry you have to participate in such a rigged mega-industrial underwriting scheme - but you made your bed, you have to lie in it. To those who are connected - please seek out any ear that may receive your voice which is in a position of media message distribution and get Monika's REI fiasco story out there. They're gonna wish they settled right out of the gate.

It's not a bargin to pay 10% more for an item and wait all year for some B.S. rebate. I'm taking any product of theres I have and am going to R.eturn E.very I.tem . I urge everyone to do the same.    X    R.E.I. customer