Wrongful Death Suit against HD and local dealership
Seasoned HDF Member
Joined: Jan 2005
Posts: 21,949
Likes: 6
From: My house
RE: Wrongful Death Suit against HD and local dealership
No matter if the case is a legit one or not, without our court system right or wrong the average american worker/person would have no rights to contest anything, now would that be the best thing for us, I doubt it.
The case probably will be settled out of court, HD has many high speed wobble suits against it, this is probably what prompted this lawsuit. In the end result our system is better than nothing, and I guarantee you from my own personal experience that most large corporations would love our court systems to just go away.
It's easy to be on the outside looking in but trust me if your on the inside looking out our court systems work pretty darn good and if a company for sure had no beef with going to court to prove their case, then the insurance companies would go out of business because they are the ones ultimately are being sued not the companies. It's not all a hot cup of coffee or some b/s suit, there are legit cases where the large Corporations force the person to sue them and really hope they just go away and don't sue them, I can assure you there are more cases out there of that nature than the bogus ones.
The case probably will be settled out of court, HD has many high speed wobble suits against it, this is probably what prompted this lawsuit. In the end result our system is better than nothing, and I guarantee you from my own personal experience that most large corporations would love our court systems to just go away.
It's easy to be on the outside looking in but trust me if your on the inside looking out our court systems work pretty darn good and if a company for sure had no beef with going to court to prove their case, then the insurance companies would go out of business because they are the ones ultimately are being sued not the companies. It's not all a hot cup of coffee or some b/s suit, there are legit cases where the large Corporations force the person to sue them and really hope they just go away and don't sue them, I can assure you there are more cases out there of that nature than the bogus ones.
Stellar HDF Member
Joined: Nov 2004
Posts: 2,300
Likes: 0
From: Central Virginia
RE: Wrongful Death Suit against HD and local dealership
O.K., let's see....hot stuff burns, so don't touch it or spill it in your lap. Sounds reasonable to me.
Aluminum ladders conduct electricity, don't lean them into power lines. Ummm, easy enough for the average moron to figure out.
Hitting a bag of concrete while traveling at high speed on a motorcycle might cause you to loose control and kill yourself. Duh!
I've worked in public safety for over three decades at all levels. Whenever I even suspected that equipment was defective, especially vehicles or critical safety equipment, it was my duty and responsibility for the safety of others and myself to report it and then not use it. There's never any excuse to do otherwise!
Aluminum ladders conduct electricity, don't lean them into power lines. Ummm, easy enough for the average moron to figure out.
Hitting a bag of concrete while traveling at high speed on a motorcycle might cause you to loose control and kill yourself. Duh!
I've worked in public safety for over three decades at all levels. Whenever I even suspected that equipment was defective, especially vehicles or critical safety equipment, it was my duty and responsibility for the safety of others and myself to report it and then not use it. There's never any excuse to do otherwise!
RE: Wrongful Death Suit against HD and local dealership
Our liberal-leaning media over the last 30+ years has convinced many in our society that the plight of the common man is to be a victim that needs to be protected from himself and paid for his stupidity, laziness, and bad judgement. As a child, I learned not to touch a hot stove from being burnt. Now the parents want to sue the stove manufacturer for pain, suffering, and disfigurement. Fortunately, most of those outrageous jury awards are greatly reduced under judicial review. You just don't hear about that as it doesn't make for a big headline.
Road Master
Joined: Jun 2006
Posts: 983
Likes: 2
From: Wisconsin
RE: Wrongful Death Suit against HD and local dealership
GADave, the defendant has the choice of whether or not they want a trial by jury. So the method you suggested, having the judge hear and weigh the evidence presented was a possibility that HD and the dealer waived. HD and the dealer chose to have the trial by jury. Regarding the issue of outrageously large awards that people love to throw out there, judges have the authority to discount any damages awarded by juries. Judges don't even have to wait for appeal. If an award is outrageously large, it will be reduced, there should be no doubt about it. Large damages are always reduced. And if any of you want the actual facts regarding the McDonalds coffee case, I have them. There was a lof of false and misinformation regarding that one.
Banned
Joined: Feb 2006
Posts: 20,836
Likes: 7
RE: Wrongful Death Suit against HD and local dealership
Hitting a bag of concrete while traveling at high speed on a motorcycle might cause you to loose control and kill yourself. Duh!
Extreme HDF Member
Joined: Apr 2006
Posts: 11,317
Likes: 11
From: Tucson, Az
RE: Wrongful Death Suit against HD and local dealership
One thing that was not mentioned in the article that I'm sure will come up in the trial is "Assumption of Risk". If you have a faulty item, car brakes for example, and knowing they are faulty you still choose to use it, you have: ASSUMED THE RISK.
However, jurys are sympathetic (there but for the grace of God go I) and if I had to guess, it's likely there will be some type of an award.
However, jurys are sympathetic (there but for the grace of God go I) and if I had to guess, it's likely there will be some type of an award.
Big Kahuna HDF Member
Joined: Feb 2006
Posts: 23,881
Likes: 34
From: USA
RE: Wrongful Death Suit against HD and local dealership
Bad judgement call on the part of the LEO by chasing someone while on the HD. Bottom line......he cranked the throttle, he took the risk, he got himself killed. Especially unwise if he had really taken the bike in for a high speed wobble. Sorry, but if my bike high speed wobbles......it's only going to do it once while I ride it because it's getting repaired correctly or traded for a bike that doesn't wobble. Period!! 
Cruiser
Joined: Jul 2006
Posts: 169
Likes: 0
From:
RE: Wrongful Death Suit against HD and local dealership
ORIGINAL: rde
My condolences to the family, but WTF !
Another example of out of control lawsuits and greed.
http://www.newsobserver.com/167/story/487749.html
My condolences to the family, but WTF !
Another example of out of control lawsuits and greed.
http://www.newsobserver.com/167/story/487749.html
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Road Master
Joined: Jan 2006
Posts: 1,200
Likes: 1
From:
RE: Wrongful Death Suit against HD and local dealership
Guys, having personal expericnes with this dealer, I can see the dealer aspect to the case. Why would the LEO waste his time to bring in the bike "twice" about handeling problems - something should have been done (especially knowing the bike might be in high-speed chases).
But more so, are all us EG riders' bikes questionable? i.e. what can be learned from this tragedy?
But more so, are all us EG riders' bikes questionable? i.e. what can be learned from this tragedy?
Seasoned HDF Member
Joined: Jan 2005
Posts: 21,949
Likes: 6
From: My house
RE: Wrongful Death Suit against HD and local dealership
ORIGINAL: KBFXDLI
Bad judgement call on the part of the LEO by chasing someone while on the HD. Bottom line......he cranked the throttle, he took the risk, he got himself killed. Especially unwise if he had really taken the bike in for a high speed wobble. Sorry, but if my bike high speed wobbles......it's only going to do it once while I ride it because it's getting repaired correctly or traded for a bike that doesn't wobble. Period!!
Bad judgement call on the part of the LEO by chasing someone while on the HD. Bottom line......he cranked the throttle, he took the risk, he got himself killed. Especially unwise if he had really taken the bike in for a high speed wobble. Sorry, but if my bike high speed wobbles......it's only going to do it once while I ride it because it's getting repaired correctly or traded for a bike that doesn't wobble. Period!!