Published by Cyril Huze
Harley-Davidson Inc. was hit Thursday August 28, 2014 with a putative class action in Illinois federal court, accusing the company of breaching a 24-month, unlimited-mileage written warranty by not repairing an engine defect in certain motorcycle models a buyer says causes the coolant to leak constantly.
The suit alleges the motor of the 2014 Rushmore FLHTKSE CVO Limited motorcycles have a design defect that affects the performance of its engine and associated coolant systems. “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 said.
Lead plaintiff Robert Okon says he purchased a new 2014 CVO Limited motorcycle from a dealership in Bloomington, Illinois, in September that came with the 24-month warranty, covering parts including the engine and cooling systems. But just a couple of weeks after purchasing the motorcycle, coolant began to leak from in and around the engine and coolant system, the complaint says.
The dealer attempted to correct the coolant leak pursuant to the written warranty and returned the vehicle to its owner, the suit says. 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 said.
Okon brought the suit on behalf of a putative class of 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.
“We investigated this matter and discovered that there are other disgruntled persons who allege that the same problems exist with this new model Harley they purchased,” said Vive DiTommaso, Okon’s attorney.
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.
- See more at: http://cyrilhuzeblog.com/2014/08/30/class-action-lawsuit-alleges-harley-cvo-limited-motorcycles-leak-engine-coolant/#more-139106
