Wisconsin Court of Appeals Reinstates Consumer Fraud Class Action Against Harley-Davidson
MILWAUKEE--Jan. 14, 2003--Lieff Cabraser Heimann & Bernstein, LLP, plaintiff's co-counsel in Tietsworth, et al. v. Harley-Davidson, Inc., and Harley-Davidson Motor Company, a consumer fraud class action lawsuit, announced that in a unanimous decision the Wisconsin Court of Appeals today reversed the trial court's dismissal of the lawsuit, finding that plaintiffs had properly alleged the necessary elements of claims under the Wisconsin Deceptive Trade Practices Act and for common law fraudulent concealment.
"We are gratified that the Court of Appeals recognized the merits of our case, and thrilled that our clients and all of the other consumers who bought and ride these motorcycles will have their day in court, and a chance to show that they got something less than what they paid for," commented Lieff Cabraser partner Lisa J. Leebove. "This is a tremendous victory for consumers. Now, we can move this case forward toward what we hope will be a successful resolution for our clients and the class."
The lawsuit was brought by California resident Steven C. Tietsworth, Wisconsin resident David Bratz and three other residents of Wisconsin. All are Harley-Davidson motorcycle owners with 1999 or early-2000 models equipped with Twin Cam 88 or Twin Cam 88B (together "TC-88") engines. Plaintiffs allege that the TC-88 engine was defectively designed and potentially dangerous due to the propensity for premature cam failure, which causes sudden and total engine failure. This failure could allegedly result in economic and physical injuries, including out-of-pocket repair costs, property damages, death or serious injury. Plaintiffs allege that Harley-Davidson knew and knows about the defect in the engines, and even sells a $500.00 "fix kit" designed to remedy the problem with the engines.
The Court of Appeals held that Wisconsin law does not require Harley-Davidson owners to wait until their engines fail before they can bring claims for fraud or deceptive trade practices. The Court of Appeals held that it was sufficient that plaintiffs alleged that they and class members either would not have purchased the defective motorcycles if Harley-Davidson had not concealed from them and the public the defect, or that they would have paid less for the motorcycles had Harley-Davidson disclosed the alleged defect. A copy of the appellate decision may be found at http://www.lieffcabraser.com/motorcycles.htm
It is estimated that over 100,000 model year 1999 and early-2000 Harley-Davidson motorcycles were sold with the allegedly defective TC-88 engine. These motorcycles include the Dyna Glide series (including the FXDX Dyna Super Glide Sport, FXD Dyna Super Glide, FXDL Dyan Low Rider, and FXDS-Conv Dyna Convertible), the FL Touring series (including the FLHT Electra Glide Standard, the FLHTC/FLHTCI Electra Glide Classic, the FLHTCUI Ultra Class Electa Glide, the FLHRCI Road King Classic, and the FLTR/FLTRI Road glide), and the Softtail series models.
About Lieff Cabraser
Lieff Cabraser Heimann & Bernstein, LLP is a fifty-plus attorney law firm with offices in San Francisco, New York, Washington, D.C., and Nashville. Since 1972, Lieff Cabraser has successfully represented plaintiffs in class and individual cases involving personal injuries and property damage due to defective products, ranging from faulty building and home products to faulty cars, tires and computer devices. Currently, we are playing a leading role in litigation against Firestone and Ford Motor Company based on allegations that the companies failed to disclose risks of tire tread separation associated with the Firestone tires and the susceptibility for rollover accidents of the Ford Explorer.
In addition, in other lawsuits against Harley-Davidson, Lieff Cabraser is representing motorcyclists injured allegedly as a result of what are commonly referred to as "high-speed wobble" (or "tank-slapper") accidents involving Harley-Davidson motorcycles. These lawsuits are unrelated to the Wisconsin consumer fraud class action. High speed wobble motorcycle accidents typically involve shaking or instability in the front end of the motorcycle. For more information on this litigation, please visit http://www.lieffcabraser.com/motorcycles.htm
