Saturday, October 23, 2010

So that's why Harley fired Buell...



...to sign him to a confidentiality agreement and prevent his testimony at a product liability trial.

True-Track

WHY DOES MY HARLEY-DAVIDSON® RUBBER MOUNTED MOTORCYCLE WEAVE, WOBBLE and REARSTEER™?

Erik Buell, teaches in patent No. 4,776,423 and No. 6,213,240 that Vibration Isolated Motorcycles MUST HAVE at least 3 stabilizer links connecting the power train unit to the frame to

PREVENT LATERAL INSTABILITY!

Harley-Davidson®, however, manufactures the Dyna with 1 stabilizer link, the FXR with 2 stabilizer links, the Touring Models (baggers) - 2 stabilizer links and the V-ROD with 1 stabilizer link CONTRARY TO THEIR PATENT. Only the BUELL and 2004 and later rubber mount Sportsters have 3 STABLIZER LINKS!

TRUE-TRACK™ (PATENTED)

a suspension stabilization device, acts to mitigate instability on vibration isolated motorcycles manufactured with LESS THAN 3 STABILIZER LINKS!

You felt that twitch or what you thought was a low tire before. The Dealer replied, "Never heard of that problem before". BULL!

Little did I know what my Sunday afternoon ride had in store for me. Cruising through the absolutely beautiful forest with gentle curves was ecstasy. Sunlight shafts were breaking through the trees and the smell of the pines, wow. I get goose bumps thinking about it. I was really into it.

So, I grabbed a handful and setup for the next sweeper, leaned it over a few degrees, rolled on the throttle and accelerated through until all HELL BROKE LOOSE. The rear wheel started to weave then wobble and actually steer the bike in a different direction than the front! The back of the bike started heading for the guardrail. I tried to correct with body English and push the handle bar to pull out of the inevitable. The back of the bike slid sideways first.The right saddlebag banged hard against the guard rail at about 60-65 miles per hour. Fortunately I didn't go down, but managed to turn into the guard rail and scrape off some speed until I straightened out. It scared the sh*t out of me, I had to use Handy Wipes later and clean up.

NO MAS! NO MAS! To make a long story short I came up with a solution that cured the "REARSTEER™", when the swing arm pivot mounts compress or move. A caged bracket that attaches to the bottom of a Dresser or Road King oil pan transmission (1993-2010), which mounts an isolated stabilizer link connected to a frame bracket. The rear tire now follows the front without changing direction. I call the device "TRUE-TRACK™" (PATENTED). It keeps the swing arm pivot anchored in position and therefore stable.

Oh, I forgot to mention. My contact with the guard rail cost me $2100.00 a new front fender, right fork leg (chrome gouged) replacement, new fairing cap, right floor board, scratched right tank, scrapes on the right bag, hardware and repaint. Now that does not include the trick $400.00 shocks I installed before to try and eliminate the wobbling at the rear. "TRUE-TRACK™" is simply cheap insurance for the inevitable!

The "TRUE-TRACK™" (PATENTED) kit consists of four mounting brackets, CNC machined from an 11 pound solid block of "BALLISTIC BILLET™" aluminum, adjustable stabilizer link, all stainless steel mounting hardware and installation instructions . . . available and always in stock!

See also:

Glide Pro solid motor mounts - Safety and performance are very important at Glide-Pro, it’s always a top priority with Jake Ore, the President and Designer of the Glide Pro Stabilizing System. Jake has maintained an FAA airframe and power plant license for the past 25 years and has held an FAA Inspector Authorization for the last 20. So he demands that the best materials, and workmanship go into each and every product he works on. Glide Pro is no exception. Jake’s experience encompasses building high performance composite aircraft, fabricating fibreglass and carbon fiber, and thorough aircraft maintenance, including sheet metal repairs and engine overhauls. After being very disappointed in his `03 Road King, Jake went to work and Glide-Pro was born. Anyone who has experienced the high speed wobbles, also known as tank slap, will want the Glide-Pro Stabilizing System on their bike. Glide-Pro is made in America and is both domestic and international patent pending. This product has been personally tested by Jake and many other avid riders for the past five years, with over 50,000 test miles accomplished before bringing it to the public. If you want to make your touring bike handle the way it should, you need the Glide Pro Stabilizing System.




Emotional start to trial in lawsuit blaming Harley for crash

October 20, 2010

Jim McMahon, a longtime Chicago firefighter and motorcycle enthusiast, broke down twice today as he testified in a Cook County courtroom about being paralyzed from the chest down in a motorcycle crash.

He could use only his thumbs to wipe away the tears.

McMahon, 53, is suing Harley-Davidson, claiming the company produced a faulty motorcycle that led to his 2004 crash on an Arizona interstate. A resident of Chicago's Mount Greenwood neighborhood, McMahon requires a wheelchair and around-the-clock care.

In his opening statement, McMahon's attorney, Scott Hooper, said his client's bike "weaved and wobbled" before it crashed.

"A weaving and wobbling motorcycle is not a safe motorcycle," Hooper said. "They sold it knowing there's a problem with it and knowing there's a way to fix it."

McMahon's motorcycle, a 2004 black and cobalt blue Screamin' Eagle Electraglide, sat in the middle of the Daley Center courtroom. The bike's left side was mangled and grass remained lodged in the wheel.

Many jurors stood up to get a better look when Hooper pointed to the bike and said that some critical bolts were loose before the crash.

Mark Kircher, representing Harley-Davidson, said the crash was caused by driver error, not a mechanical defect.

"A moment of inattention caused him to leave the road," Kircher said. "When the road turned, he didn't."

McMahon bought his motorcycle on New Year's Eve 2003. At the time, he was a lieutenant with the Chicago Fire Department.

On March 29, 2004, McMahon and some friends, many of them fellow firefighters, were riding near Benson, Ariz. One rider signaled he needed gas and McMahon accelerated to the front of the group to alert others to the planned exit.

That's when McMahon said the motorcycle, which had only about 900 miles on it, began shaking and wobbling. When he tried to slow down, he said he felt it getting worse, so he sped up.

"I didn't know what was happening," McMahon said. "I was trying to hang on for my life."

After he crashed, he was unconscious and without a pulse. Doctors placed him in a medically induced coma.

On Wednesday attorneys from both sides tried to use product tests done by Harley-Davidson to support their arguments. Kircher said Harley motorcycles underwent "extensive, rigorous" testing that proves they are safe. Hooper said company tests show a pattern of problems similar to the one experienced by McMahon.

Hooper said he is representing three other clients with similar issues with their motorcycles, and that McMahon's case is the first to go to trial.

-- Duaa Eldeib




Harley-Davidson Class Action Lawsuit Cases

Submitted by too many people to thank individually other than here!

High-Speed Wobble Defined

Lieff Cabraser Heimann & Bernstein, LLP represents motorcyclists against Harley-Davidson in personal injury lawsuits allegedly as a result of what are commonly referred to as "high-speed wobble" (or "tank-slapper") accidents involving Harley-Davidson motorcycles. High speed wobble motorcycle accidents typically involve shaking or instability in the front end of the motorcycle. In certain cases, the front wheel can thrash from side to side, something bikers refer to as a "tank slapper" because the handlebars suddenly seem intent on battering the fuel tank into submission, causing the driver to lose control of the vehicle.

Harley Cycles and High Speed Wobble

On September 13, 2002, the Raleigh, North Carolina News and Observer reported that a local police officer had l ost control of his Harley-Davidson motorcycle after its front wheel began to wobble as he was passing a tractor-trailer at 85 mph, and died. A spokesman for Harley's corporate office said the company "is not aware of any issues with any of our motorcycles at this time."

The News and Observer, however, stated that other sources noted stability problems with the FLH series of Harley-Davidson, also known as the Electra Glide, Road King and Ultra Classic, which are widely used by law enforcement officers nationwide. "A Harley, when you get it to high speed, has what you call a high-speed wobble," Sgt. R.N. Stallings of the North Carolina Highway Patrol was quoted as stating. In an otherwise glowing article in 1999, Motorcycle Consumer News described "an oscillation in the chassis that keeps the bike from feeling steady, both while cornering and at elevated speeds." The writer attributed the problem to an offset between the front and rear tires [see video below]. Riders of Harley motorcycles who suffered injuries allegedly due to high speed wobble and would like to learn more about their legal rights, please click here to contact an attorney at Lieff Cabraser. All messages and your personal information will be held strictly confidential.

About Lieff Cabraser

We are a national law firm with offices in San Francisco, California, New York, New York, Washington, D.C. and Nashville, Tennessee.

We are recognized for our successful prosecution of individual and class action lawsuits involving personal injuries and property damage due to defective products, ranging from faulty building and home products to faulty cars, tires and computer devices. Our clients in these cases have come from across America, including persons living in Alaska, Alab! ama, Arka nsas, Arizona, Californi a, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Mississippi, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia and Wyoming.

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.

Lieff Cabraser Heimann & Bernstein, LLP, Announces that Wisconsin Court of Appeals
Reinstates Consumer Fraud Class Action Against Harley-Davidson

MILWAUKEE--(BUSINESS WIRE)--Jan. 14, 2003--

An Estimated One Hundred Thousand 1999 and Early-2000 Model Harley Motorcycles Are Equipped with Allegedly Defective Engines 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.


TIETSWORTH v. HARLEY DAVIDSON INC


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.




WHEEL OFFSET IS LIKE TRYING TO LEAN A SEGWAY

The Dragonater discovered a 1/2-inch offset between front and rear wheels on a Triumph Daytona 600, which apparently is a rampant design defect in many sportbikes. The rear wheel is offset to the right of the front wheel. This makes the bike feel harder to lean in right turns.

Ken Wheeler at Wheeler Performance checked the suspension sag, shock settings, spring rate, and rear wheel alignment. There is no way to adjust wheel offset. But I bet Yoshi Suzuki knows how.

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