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Author Topic: Couple suing Harley for no ABS  (Read 8939 times)

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Re: Couple suing Harley for no ABS
« Reply #45 on: December 20, 2011, 12:09:21 AM »

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GregKhougaz

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Re: Couple suing Harley for no ABS
« Reply #46 on: December 20, 2011, 01:30:08 AM »

Once in awhile, the system works.
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cvobiker

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Re: Couple suing Harley for no ABS
« Reply #47 on: December 20, 2011, 07:55:38 AM »

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   

Stupid once, stupid always,, she turned down a pre-trial offer of $900,000 from Harley,,,.. In this case she got exactly what she deserves... ' nada'.   But she will end up with Social Security ,,,,  >:(
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Re: Couple suing Harley for no ABS
« Reply #48 on: December 20, 2011, 09:04:03 AM »

Stupid once, stupid always,, she turned down a pre-trial offer of $900,000 from Harley,,,.. In this case she got exactly what she deserves... ' nada'.   But she will end up with Social Security ,,,,  >:(

That's the lottery mentality our system has spawned. 

I feel sorry for her plight, since it wasn't her fault unless you count riding with a guy who can't control his motorcycle, but I'm very happy (and surprised) to see that at least one jury didn't fall for the sympathy deal and just hand over a bunch of OPM (other people's money) like so many others have done.  Maybe there is a little hope for the system after alll.


Jerry
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Re: Couple suing Harley for no ABS
« Reply #49 on: December 20, 2011, 09:07:20 AM »

If they really got a $900k offer pre-trial have to wonder how much blame goes to a greedy counsel who should have strongly recommended accepting the offer.  That was take-the-money-and-run time.
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MAT

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Re: Couple suing Harley for no ABS
« Reply #50 on: December 20, 2011, 09:10:19 AM »

If they really got a $900k offer pre-trial have to wonder how much blame goes to a greedy counsel who should have strongly recommended accepting the offer.  That was take-the-money-and-run time.


Absolutely Agree !
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Re: Couple suing Harley for no ABS
« Reply #51 on: December 20, 2011, 11:07:36 AM »

If they really got a $900k offer pre-trial have to wonder how much blame goes to a greedy counsel who should have strongly recommended accepting the offer.  That was take-the-money-and-run time.

Yea, pretty dumb...even though the lawyer would have gotten at least 300K of it, I would have snatched their arm off getting the money.
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Re: Couple suing Harley for no ABS
« Reply #52 on: December 20, 2011, 05:49:25 PM »

If they really got a $900k offer pre-trial have to wonder how much blame goes to a greedy counsel who should have strongly recommended accepting the offer.  That was take-the-money-and-run time.

Just to clarify.  Her counsel wanted $900K.  Harley and dealer declined the offer - good for them.
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Re: Couple suing Harley for no ABS
« Reply #53 on: December 20, 2011, 06:31:52 PM »

Just to clarify.  Her counsel wanted $900K.  Harley and dealer declined the offer - good for them.

It seemed patently unlikely that Mother Harley would have made a nearly $1M settlement offer pre-trial given the circumstances described.  But that was what was stated earlier; and it's not like Harley has always been the smartest board in the shed.
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Hotrod50

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Re: Couple suing Harley for no ABS
« Reply #54 on: December 20, 2011, 06:33:44 PM »

Lady spills hot coffee in her lap and sues McDonalds....coffee too hot

Man leaves seat of motorhome while driving down road to make a PPJ sandwich.....no warning sticker about leaving seat while underway

Woman sues gun shop owner after being shot for selling another woman, who was having an affair with first womans husband,.......

No wonder everything costs so much in the USA.....go to court in china.....end up missing :oops:
There's always more to the story.  In the case of the McDonald's hot coffee "frivolus" law suit, there were other factors.  The manufacturer of the machines had sent McDonald's numerous warnings that they were setting the temperature way to high.  Also the woman had serious injuries.  She had severe burns and had hundreds of thousands in numerous reconstructive surgery to her genitals.  It wasn't a simple spilled coffee case with no injury.  Not saying mother ship is at fault in this case, but there is always more to the story.   The abs light on my 09 FLTRSE3 has been on since my bike was new.  Dealer can't find anything wrong and resets it, but it always re-appears.   If I end up having a crash that is brake failure related, I'll ask some questions.
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Re: Couple suing Harley for no ABS
« Reply #55 on: December 20, 2011, 07:57:32 PM »

There's always more to the story.  In the case of the McDonald's hot coffee "frivolus" law suit, there were other factors.  The manufacturer of the machines had sent McDonald's numerous warnings that they were setting the temperature way to high.  Also the woman had serious injuries.  She had severe burns and had hundreds of thousands in numerous reconstructive surgery to her genitals.  It wasn't a simple spilled coffee case with no injury.  Not saying mother ship is at fault in this case, but there is always more to the story.   The abs light on my 09 FLTRSE3 has been on since my bike was new.  Dealer can't find anything wrong and resets it, but it always re-appears.   If I end up having a crash that is brake failure related, I'll ask some questions.

Excuse me, but if you go back and read your comment as if you were one of the rest of us I hope you can understand why I'm making this post.  The time to ask some serious questions and demand action is NOW, not after you crash.  If the light is on the system is compromised by definition.  The fact your dealership is incompetent doesn't make it OK to just accept the BS answers and ride away with a defective braking system.  If you don't escalate this beyond those local idiots and you do wind up having a crash caused by the problem, you might have some explaining to do (assuming you survive that crash) right alongside that dealer and the MoCo when you get to court.  If you are aware of the problem and just continue to use the product, you are just as liable as the dealer and manufacturer for any loss or injury you suffer.


Jerry
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Re: Couple suing Harley for no ABS
« Reply #56 on: December 21, 2011, 10:18:55 AM »

Excuse me, but if you go back and read your comment as if you were one of the rest of us I hope you can understand why I'm making this post.  The time to ask some serious questions and demand action is NOW, not after you crash.  If the light is on the system is compromised by definition.  The fact your dealership is incompetent doesn't make it OK to just accept the BS answers and ride away with a defective braking system.  If you don't escalate this beyond those local idiots and you do wind up having a crash caused by the problem, you might have some explaining to do (assuming you survive that crash) right alongside that dealer and the MoCo when you get to court.  If you are aware of the problem and just continue to use the product, you are just as liable as the dealer and manufacturer for any loss or injury you suffer.


Jerry

FYI.. took my dealer a couple attempts at fixing mine.... they eventually found a severed wire inside the insulation that was causing an intermittant open in the circuit...

Definetely have SOMEONE fix it... or you'll be asked the question: Sir, you saw the ABS light illuminated while riding... what did you do to correct the problem?
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DDavidson

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Re: Couple suing Harley for no ABS
« Reply #57 on: December 27, 2011, 08:53:13 PM »

Quote
Lady spills hot coffee in her lap and sues McDonalds....coffee too hot

Part of the story I also heard was that McDonalds saves lots of cash each day by having their coffee set this hot.  Coffee supposedly lasts longer and they don't have to pore out old coffee to make fresh as often.  Sounds to me that a business decision was made to put people at risk to make money. (Was it the gas tanks on Pintos or Vegas that the manufacturer decided it was cheaper to pay lawsuits instead of fixing the problem of gas tanks exploding in rear-end collisions. Used to have people crying about businesses using the courts to cover their asses when consumers were being injured or killed.)

A jury of our peers decided the case of where the grandson who drove his car to the parking space where his passenger grandmother spilled the coffee. The jury deciding the lawsuit was better than the grandson going into McDonalds and shooting the manager. We don't get to shoot people we don't like because we are a civil society with courts and laws.

Sounds like some are saying that we don't need lawyers because we can trust the citizens, insurance companies and businesses to always do right by us.

A lawsuit allows a party to legally get factual information from another party. This allowed the plaintiff to get all the information about the ABS from Harley. (Or do we just suppose they are a bunch of good ole boys that will supply us everything if we just call their 800 number and politely ask for it.) 

I've been on three jury trials, one criminal and two civil and have also sued. I have full respect for our judicial system, including judges and lawyers.

Cases don't always turn out the way I like but I accept it because it's a good process. And I hate it when politicians pull the wool over the public's eyes with lawsuit stories like "Man steals motorcycle, crashes, sues owner." These suits were filed but were kicked out by judges as being frivolous. The politicians would have you believe these cases went to court and all lawsuits are scrupulous and we need to change the constitution because we have ambulance chasing lawyers running amuck.

I also hear people make statements like "Hit me, I'll sue and own your ass!" Don't believe that statement. Be lucky if you get your medical, work losses and property costs reimbursed. Pain and suffering, and future medical expenses are a luxury and hard to win. (At least in California)

In California you have to go to arbitration before the courts and there are conditions set for court fees and lawyer costs for the person who loses in court versus taking an agreement in arbitration.

So in the ABS case the loser most likely pays for the court fees and Harley's legal fees if they disagreed with an arbitration settlement and went to court.

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Re: Couple suing Harley for no ABS
« Reply #58 on: December 28, 2011, 04:49:17 PM »





A lawsuit allows a party to legally get factual information from another party.  

I've been on three jury trials, one criminal and two civil and have also sued. I have full respect for our judicial system, including judges and lawyers.

I also hear people make statements like "Hit me, I'll sue and own your ass!" Don't believe that statement. Be lucky if you get your medical, work losses and property costs reimbursed. Pain and suffering, and future medical expenses are a luxury and hard to win. (At least in California)





Not to take your statements out of context DDAVIDSON, but you would be singing a much different tune, were you familiar with the Judicial System in West Virginia.  :'( Research it.  Later--HUBBARD
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Re: Couple suing Harley for no ABS
« Reply #59 on: December 28, 2011, 08:41:24 PM »

For all of it's faults, it's still better than being somewhere else.  We live in a great country, despite it's warts.
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