LOS ANGELES (Legal Newsline) – Two California residents allege a specific Harley-Davidson engine's excessive heat can cause damages.
Michael Berke and Wolfgang Costello filed a complaint individually and on behalf of all others similarly situated on Dec. 2 in the U.S. District Court for the Central District of California against Harley-Davidson Motor Co. Group LLC, Harley-Davidson Motor Co. Inc. and Does 1-10 citing violation of the California Unfair Competition Law and other counts.
According to the complaint, the plaintiffs allege that they purchased motorcycles equipped with a Twin Cam 103 engine. They allege the engines have a common design defect that creates a substantial risk of burn injuries to riders caused by excessive heat when the engines are used as designed and that the heat shortens the life of the engine.
The plaintiffs hold Harley-Davidson Motor Co. Group LLC, Harley-Davidson Motor Co. Inc. and Does 1-10 responsible because the defendants allegedly caused or contributed to numerous burn injuries to consumers who used their manufactured motorcycles, concealed the dangers inherent in the engine’s design, failed to cure the known defect of its engine, and subjected its purchasers to further costs and expenses to replace or attempt to make safe said motorcycles.
The plaintiffs request a trial by jury and seek to enjoin defendants from all violations, injunction ordering defendants to repair or replace the engines, interest, attorneys' fees, costs of suit and further relief as the court may deem just.
They are represented by Christopher P. Ridout and Hannah P. Belknap of Zimmerman Reed LLP in Manhattan Beach, California; Raymond P. Boucher and Shehnaz M. Bhujwala of Boucher LLP in Woodland Hills, California; and Gregory J. Owen, Susan A. Owen and Tamiko B. Herron of Owen Patterson & Owen LLP in Valencia, California.
U.S. District Court for the Central District of California Case number 2:16-cv-08939