Four bikers can move forward with a class action that claims Harley Davidson manufactured defective motorcycles that burn drivers' legs, a federal judge ruled.
Phillip Johnson, Jimmy Aldridge, Randy Vandermolen and Matthew Weyuker alleged that since 1999, Twin Cam engines in Harley motorcycles were prone to overheating and caused burn injuries to their legs. Transmissions on models manufactured since 2006 also came with defective speed transmissions, the bikers claimed.
Harley Davidson asked the Eastern District of California court to throw out the claims under state law.
But while U.S. District Judge John Mendez granted the motion to dismiss in part, he sided with the bikers on their claims for fraudulent and unfair business practices, violations of Consumers Legal Remedies Act (CLRA), and unjust enrichment.
"Plaintiffs sufficiently allege that the engine defect is material because a reasonable consumer would change his behavior if he knew that the engine heat can cause burns and that the transmission would require numerous repairs or replacements," Mendez wrote.
"Plaintiffs claim that defendant knew of the excessive engine heat defect as early as 1999 and of the transmission defect as early as 2006," the July 21 decision states. "Plaintiffs discovered the excessive heat and transmission defects after purchasing the motorcycles. Since defendant was in a superior position to know of its defective engines, plaintiffs properly allege that defendant had exclusive knowledge of material facts not known to plaintiffs."
Mendez directed the plaintiffs to amend their complaint to "provide more specificity concerning when they discovered the purported defects" because it was "unclear" whether or not the claims were time-barred.
The judge also granted Harley Davidson's motion to dismiss on unlawful business practices with leave to amend.
The plaintiffs' attorney, Lyle Cook of Kershaw, Cutter and Ratinoff, applauded the "victory" for his clients.
"Harley Davidson was trying to say that the claims under California law hadn't been properly pled but the court disagreed with the main thrust of their motion," Cook told Courthouse News.
"With respect to the remainder of the court's order, we intend to amend the complaint consistent with the court's direction," he added.

http://www.courthousenews.com/2011/07/28/38540.htm

 

Well...here we go....I do believe the inner primary bearing issue will come back to bite the MoCo by not initiating a recall on the 2006 Dynas. Now all of the original owners have lots of documentation including letters form HD stating that the bearing will be replaced at MoCo expense every 15,000 miles and then another letter saying it is not ncessary. This will easily prove that the MoCo had material knowledge of defects that were not disclosed to the consumer. These guys have a case.

 

Jeez, let's all get lawyered up and see if we can cash in. BUY A HONDA YA MORONS AND LEAVE US ALONE...

 

You wouldn't say that if your bike has had $3000 in repairs in the first 10,000 miles like mine. I was lucky the MoCo paid for it all but having it in the shop for weeks is a PIA. Read some of the posts in the Dyna section about the 2006 IPB issues or in the trans section about the 2007 6 speed issues with the baggers. It's not about "cashing in"...but they could shut me up with a new Street Glide...

 

jeeez! Harley Davidson should come with big boy pants and suck it up shirts from now on...America is too litigious....Coffee and motor cycles get hot. I guess there needs to be a big decal on the gas tank like to go coffee cups warning that the engine gets hot.
I thought the dumbing down thing hit its peek with the stamped warning on gun barrels...
defense tree huggers want to do away with lead bullets so wars wont contaminate the battle field and BMW is a leading sponsor of the USA olympic team....is this world getting soccer mom stupid or what?

 

This is on par with those idiots who try to make a buck from the gun companies for making "defective guns" that will kill somebody if you shoot them.

Has anybody seen a story about an actual biker stomping the crap out of these guys?

"Plaintiffs sufficiently allege that the engine defect is material because a reasonable consumer would change his behavior if he knew that the engine heat can cause burns"


"California law" - all makes sense now.

 

It's becoming the AMF days all over again.

 

I think anyone who has read past posts on this forum or has had experiences with a couple of the expensive issues that HD has had over the last ten years knows that HD has had it coming. Just because it is American made doesn't make it perfect. For what they cost they should be pretty damn close.
How many company lawyers at what $ per hour were working on the case. How many engineers at what an hour were working on the problem. Inquiring minds want to know.

 

this is right up there with getting money for dropping hot coffee in your lap!!!

 

deleted for being stupid.....