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Author Topic: Couple suing Harley for no ABS  (Read 8890 times)

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grandpadoc

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Re: Couple suing Harley for no ABS
« Reply #30 on: December 18, 2011, 10:29:23 AM »

After our Ohio mishap, there were lawyer packets delivered to the house before we even got home.  Doc 
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grc

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Re: Couple suing Harley for no ABS
« Reply #31 on: December 18, 2011, 11:45:19 AM »


The problem as I see it is that the actual legal professionals, the lawyers and judges who should know better, don't police themselves.  Surf the TV cable channels all day long and you'll see constant advertising by the ambulance chasers and proponents of the "life is a lottery, let us help you collect your fair share (and ours)" types.  Suing those with deep pockets, or just threatening to do so to elicit hefty settlements, is very big business and a sort of blood sport in this country.  In many ways what these folks do is legalized extortion, since they take cases with the only intention being to get the companies involved to buy them off with a quick settlement rather than have to waste time, money, and resources to fight them.  If I as regular Joe were to use the same tactics that many of these folks use, I'd instantly run afoul of all sorts of local, state, and federal laws.  Somehow getting a JD instead of a BS or MA or PhD makes it possible to get away with all sorts of things that would land the rest of us in jail. 

Export lawyers, not manufacturing jobs!   Just a thought. ::)


Jerry
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GregKhougaz

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Re: Couple suing Harley for no ABS
« Reply #32 on: December 18, 2011, 12:30:04 PM »

       While I agree with Jerry about ambulance chasers, I contend he is missing the root of the problem.  Lawyers are ethically bound to represent the interests of their clients regardless of personal feelings.  If the law allows the claim and lawyer takes the case he must represent the client to the best of his or her ability.  The lawyer is in business.  He takes a case, especially a contingency matter, hoping to make money.  It is for the judge and jury, not a lawyer, to ultimately decide the merits of any particular case.  Blame the plaintiffs in this case and in nearly all cases like it.  No matter what the dealer said about ABS, no matter what the rider thought about ABS, he completely screwed up.  The ex girlfriend knows that.  She is responsible for her own lawsuit.  The lawyer merely facilitates it.  To blame the lawyer and not the plaintiff is like blaming wall street for the people who made loans they knew they could not afford then defaulted.  The root of the problem is a lack of personal responsibility and society's "victim" mentality.

Greg Khougaz
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mastergunnera8

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Re: Couple suing Harley for no ABS
« Reply #33 on: December 18, 2011, 12:58:42 PM »

I got back into riding this year, after a 30 year hiatus and took a riders course. My ride has ABS and I know its turned on because it scared the crap out of me a few times. It does it usually when I am braking hard, heavy on the front brake (dependng on conditions), and I go over a bump...the front end chatters like crazy...Have to remember to keep the bike upright when under hard braking...wouldnrt want to know what happens if I was leaning and this happened...After the first time I went to a parking lot and practiced emergency braking...it takes some getting used to.

I had a dirt bike background and know about laterally moving the rear wheel with power/braking/surface conditions...this bike is way different...I am suprised the plaintiff isnt sueing the rider/ex-boyfriend..if course the dealer has deeper pockets most likely...

I am sure that the rider was not paying attention and got surprised ABS probably wouldnt have made a difference... I am intersted to know what she was wearing on her noggin also...
« Last Edit: December 18, 2011, 01:08:59 PM by mastergunnera8 »
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cvobiker

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Re: Couple suing Harley for no ABS
« Reply #34 on: December 18, 2011, 01:13:39 PM »

I am intersted to know what she was wearing on her noggin also...

Im curious about that too. Beenies are illegal in california, so if she was wearing one, she should be responsible for her own injures and if the case imagine the money her health insurance is out of... 
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Midnight Rider

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Re: Couple suing Harley for no ABS
« Reply #35 on: December 18, 2011, 01:16:25 PM »

I started to use the McDonald's case with the hot coffee as a comparison to this one...until I actually read about the McDonalds case rather than just going on the opinion I formed from the sound bites on TV and the news of various sorts.  If you read the actual facts of the case, what the woman was actually asking for initially, what McDonalds offered her, and at what temperature McDonalds USED to serve their coffee, you gain a different perspective.

It seems, on the surface at least, that this ABS case is rediculous, but things are not always as they appear.  It appears that the dumb azz guy was not familiar enough with his own bike to react appropriately in a panic situation.

But it's more fun to speculate...
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grc

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Re: Couple suing Harley for no ABS
« Reply #36 on: December 18, 2011, 09:57:19 PM »

I started to use the McDonald's case with the hot coffee as a comparison to this one...until I actually read about the McDonalds case rather than just going on the opinion I formed from the sound bites on TV and the news of various sorts.  If you read the actual facts of the case, what the woman was actually asking for initially, what McDonalds offered her, and at what temperature McDonalds USED to serve their coffee, you gain a different perspective.

It seems, on the surface at least, that this ABS case is rediculous, but things are not always as they appear.  It appears that the dumb azz guy was not familiar enough with his own bike to react appropriately in a panic situation.

But it's more fun to speculate...

These days it's what makes the world go 'round Terry.  Without mindless speculation devoid of factual data, many of the various and sundry blogs that litter the ether would dry up, huge chunks of the feedback on various "news" sites and places like YouTube would disappear, tons of publications and TV shows would cease to exist, etc.  Mindless speculation actually helps the economy, in that it keeps a lot of folks employed and a lot of other folks entertained.  As we continue our journey toward not actually producing anything of substance in this country, anything that provides jobs and entertainment is better than nothing.  ;)

No matter how hot McDonald's served their coffee, btw, any idiot who sticks a coffee cup between their legs rather than in a real cup holder while driving doesn't need to look anywhere but the mirror when it comes time to assess blame.  Yes, 200+ degrees is a bit over the top, but of course the coffee maker at home runs at temps in the 180-200 degree range as well.  If they served you lukewarm coffee as a safety measure, how long would you continue to buy their coffee?  Who would she have sued if she dumped the coffee from her home coffee maker in her crotch, the folks from Mr. Coffee?  I still say, unless you specifically order iced coffee, anyone with an IQ over 50 should know that coffee is served hot.  And anyone riding a motorcycle should learn the basics of actually riding, including the proper way to brake.  If it hadn't been the ABS claim, how much do you want to bet that the client and the attorney wouldn't just find another "defect" to blame or another deep pocket to sue?  The passenger is screwed up through no fault of her own, and a typical jury will find her a very sympathetic plaintiff.  Suing her hubby/boyfriend for the millions her care might cost isn't likely to produce a great outcome for her, so no matter who is at fault the answer is to find some deep pockets to pay the bills.  Juries fall for this all the time, and like I said before the rest of us pay the price when we buy products from those with the deep pockets.  All so the guy who lost control through his own mistake can avoid the financial and emotional pain of admitting he f$%*ed up.  My question is, with more and more people refusing to accept responsibility for their own mistakes, and the legal system enabling them by shifting the burden to whoever has the deepest pockets, how long can we continue this way before this house of cards falls down as well?


Jerry
« Last Edit: December 18, 2011, 10:01:01 PM by grc »
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Midnight Rider

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Re: Couple suing Harley for no ABS
« Reply #37 on: December 18, 2011, 11:00:30 PM »

Not long, Jerry...

Just for the sake of discussion...the coffee maker in your home produces coffee in the 140-160 range.  But, you are pretty much drinking it right after the fact.  A drive through, and a POLICY, is a different matter. The woman probably did not deserve what she got...but that's not what she originally asked for either...20K is a long way from 600K +.  Lawyers got into the mix, and that changes everything.  I just Googled the stuff about the case, and got enlightened, to some extent...and I know from being severly burned myself, that certain temps increase the risk a lot.  But, I didn't sue anyone, because chit happens, and I learned something from it.

I'm not saying that it's right, by any means, to sue over chit like this.  Had I been burned by coffee, or wrecked someone's life by my own stupidity from not knowing how my own f'ing motorcycle worked, I'd chalk it up to my being a dim wit.  But the dim wits in the world don't know they're dim wits, and so what results is this kind of crap.  Solutions?  There are none.  Society, regardless, does not regress, until some catastophic event.

 ::) ;) :'(
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Re: Couple suing Harley for no ABS
« Reply #38 on: December 19, 2011, 08:20:49 AM »

Well, if the idiot Ezy Rydyr wreck guy had not been drinking & spilling his waaay too hot McDonalds coffee when he had the wreck on his bike with no ABS (even though there is no evidence, provided by Perry Mason, that ABS would have prevented said wreck) while his girlfriend illegally chatted on her cell phone distracting him by talking about a nail appointment, he might have noticed he was going too forking fast for his inability to effectively & safely ride a 2 wheeled motosickle, even though he had watched the movie Easy Rider 3 times.  McDonalds, the MoCo, the dealer, Peter Fonda, Perry Mason, the place he bought gas, his mother, and the guy standing on the side of the road that saw it all happen could be sued to oblivion, for not warning him that when you spill too hot coffee in your lap while riding a motosickle with no ABS even though you may think it has ABS but does not, you might still have a wreck if you do not keep your head out of your ass when riding it.  That also implicates his Proctologist...


Geez louise, let's blame everyone everywhere for anything & everything for all the stupid crap we do to our own selves...  :confused5:



However, the thread is somewhat entertaining, I give it a 6 but the beat is a little hard to dance to.
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miker

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Re: Couple suing Harley for no ABS
« Reply #39 on: December 19, 2011, 09:39:24 AM »

I have nothing to add to this thread.... :nixweiss:
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Re: Couple suing Harley for no ABS
« Reply #40 on: December 19, 2011, 09:42:09 AM »

I have nothing to add to this thread.... :nixweiss:

Me either.
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grandpadoc

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Re: Couple suing Harley for no ABS
« Reply #41 on: December 19, 2011, 11:29:21 AM »

OK, here it goes...In my experience I know in some cases (motorcycle accidents) the lawyers are in bed with the insurance companies, its all a big act.  Lou
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B.A.

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Re: Couple suing Harley for no ABS
« Reply #42 on: December 19, 2011, 11:57:49 AM »

I remember years ago some guy with and FLH got into an
accident, slid up the tank and lost his "personals".
He sued HD, because of the ignition switch took them out,
and he won!!!! From what I heard, he turned around and
bought another FLH! Go figure.

Yeah.  If he had any balls he wudda bought an FLTR!  :apple:
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Re: Couple suing Harley for no ABS
« Reply #43 on: December 19, 2011, 04:38:06 PM »

The results are in......the rider and passenger lost the suit.

http://www.sacbee.com/2011/12/19/4133561/woman-hurt-in-2009-crash-loses.html   
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Midnight Rider

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Re: Couple suing Harley for no ABS
« Reply #44 on: December 19, 2011, 05:02:42 PM »

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