I guess they'll sell these things to anyone...

[codyshop]

You're going to love this lawsuit:

http://www.visordown.com/motorcycle-news-bizarre/us-biker-sues-harley-in-abs-light-case/19709.html

[Jeffd]

yes and no matter how frivolus (sp?) it is Harley will still have to spen $1000's and we wonder why things cost so much and why we end up sending jobs to China and other cheaper labor places.  Those stupid lawsuits are why there are warning stickers on every facet of our lives.

[Dennis The Menace]

As Fred Flintstone would say, "dohhh boy".

Then again, the comments from the defense lawyer dont elicit any more confidence than the brain power of the complainant.  File this one with the numbskulls who burned their legs and nads on the HD motors.......... 

"Improper knowledge of basic motorcycle operation."

[TweekmyTwin]

This one is just as stupid as me wanting to sue Costco for having a large opening on their cashew jars... by the time you get 4 or 5 handfulls.. you realize you just had a 1000 calories
It is hearting to hear about his wife and hope she gets the best care 
Jim

[tdkkart]

So, if yo think your bike has ABS that means you can ride like you'll never have an accident??

This is roughly the same as the woman that sued Ford a few years ago because she got stuck in her 4x4 SUV, but the salesman told her she couldn't get stuck??

[fourthgear]

'chicks love ABS'.

Why would some one say that , like its a chick magnet, what a stupid thing to say.

Its such a dumb statement , I'm inclined to believe he said it  !

[smittyon66]

It's probably the same guy who set the cruise control on his RV and went back to fix a sandwich...

[Dennis The Menace]

'chicks love ABS'.

Why would some one say that , like its a chick magnet, what a stupid thing to say.

Its such a dumb statement , I'm inclined to believe he said it  !

Well, guys buy that Sons of Anarchy crap, and walk around like its a for real 1% club, so ya just cant assume everyone can actually use their brain--but I am sure they were born with one.  lol

[Mark222]

And they are breeding and re-populating faster every day..................

Mark

[codyshop]

'chicks love ABS'.

Why would some one say that , like its a chick magnet, what a stupid thing to say.

Chicks loved my abs until I got old and fat.   

[Ultrashovel]

'chicks love ABS'.

Why would some one say that , like its a chick magnet, what a stupid thing to say.

Its such a dumb statement , I'm inclined to believe he said it  !

That statement should never have been made, which I doubt that it was, but in any case, it's hearsay and should not have been let into evidence.

The plaintiff couldn't possibly have thought that his machine had ABS since the light never illuminated at any time. It couldn't since it was never connected. I've looked at a touring speedometer and you can't hardly see the icon when it's not illuminated. Also, he probably had to know that he didn't pay for ABS when he bought the bike. 

By tne way, the case has gone to the jury last week in Sacramento. I can't even guess which way it will go since no one can predict what a jury will do.

P.S. This is my 3,000th post. What do I get for that? (I like chrome  )

[Jeffd]

'chicks love ABS'.

Why would some one say that , like its a chick magnet, what a stupid thing to say.

Its such a dumb statement , I'm inclined to believe he said it  !

That statement should never have been made, which I doubt that it was, but in any case, it's hearsay and should not have been let into evidence.

The plaintiff couldn't possibly have thought that his machine had ABS since the light never illuminated at any time. It couldn't since it was never conected. I've looked at a touring speedometer and you can't hardly see the icon when it's not illuminated. Also, he probably had to know that he didn't pay for ABS when he bought the bike. 

By tne way, the case has gone to the jury last week in Sacramento. I can't even guess which way it will go since no one can predict what a jury will do.

P.S. This is my 3,000th post. What do I get for that? (I like chrome  )

you get the next 3 posts free of charge.

[Princess Butt]

If you take the gauges out of the bike, take out all the light bulb sockets, and shine a flashlight through from the back, it will light up the warning lights. They just don't put a bulb in the socket for the unused warning lights. My '97 Road King has the FI warning light, but it's never lit because it's a carburetor bike.

If it's in the paperwork the customer was charged for ABS and it's not on the bike, then someone is guilty of fraud, and they are truly liable. If the dealership charged him for the ABS option and it wasn't on the bike, then the dealership should be shut down. Harley should yank their franchise.

[pauly]

 
Maybe .. just _maybe_ the guy is backed into a corner...
His wife is all broken up, and he has no money to pay the squillions of dollars it costs to get people healthy again. Add that to the American health system that's renowned for happily letting people die if they don't have money, and lawyers that give any advice to people in trouble, so they can continue to charge (heaps) in six minute increments.

Maybe he's not an idiot at all - just taking the only avenue left by a system that really could use some work!

(By the way - what the hell would I know - I don't even live there...just throwing in an alternative before you all hang the guy!)

Pauly

[hbkeith]

Maybe .. just _maybe_ the guy is backed into a corner...
His wife is all broken up, and he has no money to pay the squillions of dollars it costs to get people healthy again. Add that to the American health system that's renowned for happily letting people die if they don't have money, and lawyers that give any advice to people in trouble, so they can continue to charge (heaps) in six minute increments.
anyone in his shoes would do same thing, its called survival
Maybe he's not an idiot at all - just taking the only avenue left by a system that really could use some work!

(By the way - what the hell would I know - I don't even live there...just throwing in an alternative before you all hang the guy!)

Pauly

[FloridaJim5]

This should have never gotten this far and should have been dismissed by the judge.   You never know what a jury will do, but this could completely backfire on this plaintiff.  If he loses, he'll be on the hook for attorney fees (I'm sure plaintiff's attorney said it would be free) and probably a countersuit for fees from H-D. 

[Ultrashovel]

This should have never gotten this far and should have been dismissed by the judge.   You never know what a jury will do, but this could completely backfire on this plaintiff.  If he loses, he'll be on the hook for attorney fees (I'm sure plaintiff's attorney said it would be free) and probably a countersuit for fees from H-D.

The fees would have to be discussed by the attorney at the time that the case was started. In a cases such as this, those details are required to be in writing. Some attorneys will pay all of the costs at the outset hoping that they will win and recover for the plaintiff and also get attorney fees. We just can't tell.

Harley or the dealer didn't cross-complain since that has to be done before the case goes to trial. They also really don't have any case against the plaintiff, except that he doesn't know much about motorcvcles.

[rigidthumper]

Did I miss something?  Where is it said/written that having ABS will improve rider skills or prevent any accident? MOCO literature? Owners manual? I've had ABS on bikes since 07, but Ive never seen anything that said ABS would prevent any mishap.

[truck]

Did I miss something?  Where is it said/written that having ABS will improve rider skills or prevent any accident? MOCO literature? Owners manual? I've had ABS on bikes since 07, but Ive never seen anything that said ABS would prevent any mishap.

[Ultrashovel]

Did I miss something?  Where is it said/written that having ABS will improve rider skills or prevent any accident? MOCO literature? Owners manual? I've had ABS on bikes since 07, but Ive never seen anything that said ABS would prevent any mishap.

Yep, that's for sure. And I know the road very well where that accident happened. It's an extremely busy stretch of Highway 99 in South Sacramento. I stay away from it on my bike anyway. I have better roads to ride.

In fact, I'll add that if he had to slam on his rear brake hard enough to lock the wheel, he's not riding in his safety zone. My style of riding puts me in situations where I know the hazards, watch for them and minimize them to the greatest extent. That also means that my brake usage is minimal.

Going out in traffic and putting yourself in a position where you have to do a stop that locks a wheel is not wise.

[Ultrashovel]

The verdict came it. I just read about it in the local fish wrap. Harley-Davidson, et al was exonerated. They had made an offer of $900K to settle the matter before it went to the jury. This was refused. Since the offer was made and the plaintiffs lost, they could be liable for costs and attorney fees. They probably don't have any money, however, so it's no big deal for anyone.

I still coudn't have predicted the outcome. With juries, you never really know. 


http://www.sacbee.com/2011/12/20/4134112/jury-clears-harley-davidson-in.html

[harleyjt]

The verdict came it. I just read about it in the local fish wrap. Harley-Davidson, et al was exonerated. They had made an offer of $900K to settle the matter before it went to the jury. This was refused. Since the offer was made and the plaintiffs lost, they could be liable for costs and attorney fees. They probably don't have any money, however, so it's no big deal for anyone.

I still coudn't have predicted the outcome. With juries, you never really know. 


http://www.sacbee.com/2011/12/20/4134112/jury-clears-harley-davidson-in.html

Nice to finally hear of a sane verdict for a change.
jt

[Jeffd]

I am amazed that hd offered 900,000 to settle and that sueing party did not take the money and run.  I am sure there will be new warning lables on the non abs bikes bit orange sticker stating non abs don't ride like a dumbass.

[Ultrashovel]

I am amazed that hd offered 900,000 to settle and that sueing party did not take the money and run.  I am sure there will be new warning lables on the non abs bikes bit orange sticker stating non abs don't ride like a dumbass.

I don't recall whether the article mentioned the medical liens. Even if they had accepted the $900K, they would still have to deal with the large lien placed against any recovery by the medical provider for services provided to the injured plaintiff. That lien along with the attorney fees would have taken nearly all of the money.

They would still have been better off than they are now. They still have the lien and no cash. Like the gamblers, they were "betting on the come", but it came up snake eyes.

[Phu Cat]

I don't understand how the plaintiff thought he wouldn't lose.  All the defense attorney had to do was ask if he read his owners manual.  What's not to understand?  Wonder if he was an old rider and thought reading the owners manual would just be old news.  I just bought a new bike and read the OM from cover to cover, and I've been riding since the early 60's.

PC/size]