http://www.bigclassaction.com/lawsui...***-action.php

Los Angeles, CA: A defective product class action lawsuit was filed against Harley-Davidson Inc, accusing the company of breaching a 24-month, unlimited-mileage written warranty by not repairing an engine defect in certain motorcycle models that constantly leak coolant.

Filed by lead plaintiff Robert Okon, the lawsuit states that a design defect in Harley-Davidson’s 2014 model year FLHTKSE CVO Limited motorcycles affects the performance of its engine and associated coolant systems. The lawsuit further claims that while the defective parts are covered under Harley-Davidson’s warranty, the company has discovered a way to repair the defect.

“CVO Limited owners and lessors have been damaged because they possess a motorcycle with a design defect which cannot be repaired as required under [Harley-Davidson’s] 24 month, unlimited mileage written warranty,” the complaint states.

In the lawsuit, Okon states he purchased a new 2014 CVO Limited motorcycle from a dealership in Bloomington, Ill, in September with the 24-month warranty, covering parts including the engine and cooling systems. However, only a couple of weeks later, coolant began to leak from in and around the engine and coolant system.

Okon contacted the dealership who picked up the motorcycle for repair. The dealer then allegedly tried to correct the coolant leak pursuant to the written warranty and returned the bike to Okon, the suit states. However, the problem wasn’t remedied, and Okon had to return his CVO Limited for repairs on several occasions because it “constantly” leaks coolant, the complaint alleges.

“For each of these times when Mr. Okon’s CVO Limited has been brought in for repair of the coolant leak, the [Harley-Davidson] dealerships have been unsuccessful in repairing the leak,” the complaint states.

The lawsuit seeks to represent all people who purchased or leased the allegedly defective CVO Limited motorcycles, according to the complaint. He says Harley-Davidson has been notified about the coolant leaks, but the company hasn’t been able to come up with a permanent fix for the defect, forcing its dealerships and repair centers to provide temporary repairs including refilling coolant levels, even though the warranty requires Harley-Davidson to permanently repair all defects.

Okon is represented by Vince DiTommaso, Peter S. Lubin and John Auchter of DiTommaso Lubin.

The suit is Robert Okon v. Harley-Davidson, Inc., case number 1:14-cv-06658, in the U.S. District Court for the Northern District of Illinois.

 

I agree with you about our "sue happy society" but I'm not sure if this is a bad thing, some folks have had their bikes back multiple times and the problem persists, I really can't blame them for being pissed. If anything this will get the MoCo thinking and maybe acting a little faster on some of the Rushmore issues. I certainly feel it's a great bike, I have one and love it but it sure seems it was pushed out there MAYBE a little too quick. I'm kinda curious what the guy is suing for, does he want a monetary settlement, maybe his money back for a defective bike or possibly a new bike? And this guy bought a CVO, we're talking big bucks here. Should be interesting...this is not the McDonalds lady spilling hot coffee on herself and suing because it's hot, this is probably about someone who's frustrated with the inability of the MoCo to fix their bike, can't really say that I blame him...we'll see, thanks for posting!

 

I have one also. I only have 350 miles but so far it is OK. With what I paid for this bike if it starts this problem they will only get 3 strikes and then they are OUT.

 

There is a time and place for lawsuits, and this could very well be one of those times.

 

He appears to be representing owners & trying to force a proper resolution to an engineering fault.

 

I wonder if this is only going to be applicable exclusively to the 110 Rushmore engines since the Rushmore 103's have the same system.

 

The only people that win in a class action is the law firm. He should have gone with lemon law. It isn't like they refused to work on it. It is under warranty and they have been attempting to repair it. I doubt all of them leak. I have a 14 limited with no issues and 6500 miles. I also wonder what parts is the dealer putting on the bike. They have newer parts and if you replace the cooling system with a new one. How does it still leak?

 

^^^^ Exactly.

This was a know issue a year ago and has been rectified for quite some time by the MoCo. He just needs to get the new filler neck and have the system properly purged of all air and be golden.

A LOT EASIER than a lawsuit.

 

I too had the cooling system leak. Three times. Was I pretty pissed? Yes.

The real delema for me is how much I like the bike. Once I figured out the issue was a part issue and not a design flaw I settled down. Sure enough, once the improved fill neck was installed my issues stopped. All I wanted was my leak issue resolved, I did not want my money back, just my bike without issues and now I have it.

IMHO, it sounds like the lawsuit is more about buyers remorse than anything. The leak issue could not be fixed early in production due to parts not meeting spec. That is now behind us. I truly believe the Rushmore bikes are the best yet. Perfect? No. But a bike I truly enjoy.

Lawsuits like this may improve quality, it may also result in higher prices. I disagree with this lawsuits premus. The cooling system leak is certainly fixable.

 

Lawsuit won't go anywhere.

Sue happy lawyers is all.

I can sue a man for holding his mouth wrong, but I won't win.