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Are Harley's motorcycles too hot for some riders?
Monday, 01 August 2011 | Written by Asia | | Newsflash: Motorcycle engines get hot and according to some, too hot.
But a turnabout from this obvious revelation, four motorcycle enthusiasts claim the heat generated by Harley-Davidson’s Twin Cam engine comes from a manufacturing defect. The four filing a suit against the Milwaukee motorcycle manufacturer in a California court also feel its speed transmissions are defective as well.
According to Courthouse News, Phillip Johnson, Jimmy Aldridge, Randy Vandermolen and Matthew Weyuker allege in Eastern District of California court that since 1999 Harley-Davidson Twin Cam engines were prone to overheating and caused burn injuries to their legs and transmissions on models manufactured since 2006 also came with defective speed transmissions.
The outcome of the case appears to be mired in legal speak with both parties claiming a victory.
Harley-Davidson asked the judge to throw out the claims under state law, on unlawful business practices with leave to amend.The judge agreed instructing the plaintiffs to narrow their claims and refine their case. But U.S. District Judge John Mendez also agreed with the riders for fraudulent and unfair business practices, violations of Consumers Legal Remedies Act (CLRA), and unjust enrichment.
The ruling allows the case to move forward with a class action that claims Harley Davidson manufactured defective motorcycles that burn drivers' legs.
"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.
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.
"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."
The plaintiffs' attorney, Lyle Cook of Kershaw, Cutter and Ratinoff have stated they will amend the complaint to move forward with the action.
