DALLAS, Texas - Harley-Davidson has asked a judge to throw out a lawsuit claiming a defective cruise control caused a man’s bike to hit a concrete highway barrier.
William Simmons sued the motorcycle maker, DFWHD Management LLC and Adam Smith Texas Harley-Davidson in 2011. He says he was injured in July 2009 when the cruise control on his motorcycle engaged as he entered a curved freeway onramp. He claims the cruise control remained engaged when he applied the brakes to enter the highway.
But he’s failed to identify the specific defect or any experts who can establish a defect, the Motor Co. says, so the case should be thrown out.
"Despite the passage of an extensive amount of time and despite the defendants' diligent efforts, plaintiffs have come forward with not one scintilla of evidence of a design or manufacturing defect in the subject motorcycle that caused the subject crash," according to the motion authored by The Motor Co.'s attorney, Kyle Dreyer. "Therefore Harley-Davidson is entitled to a summary judgment as matter of law."
Simmons has also failed to produce any evidence to satisfy the elements of the strict liability and negligence claims alleged in the complaint, according to the motion, cited by Courthouse News Service.
Posted by Holly Wagner