OFF THE WIRE
Four bikers can move forward with a class action that claims Harley Davidson manufactured defective motorcycles that burn drivers’ legs, a federal judge ruled. the four bikers alleged that since 1999, Twin Cam engines in Harley motorcycles were prone to overheating and caused burn injuries to their legs. Transmissions on models manufactured since 2006 also came with defective transmissions, the bikers claimed. District Judge John Mendez sided with the bikers on their claims for fraudulent and unfair business practices, violations of Consumers Legal Remedies Act (CLRA), and unjust enrichment.
“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. “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.”
