$2.83M JURY VERDICT FOR MOTORCYCLIST KILLED DUE TO DEALER FAILURE TO DISCLOSE DEFECTS DURING INSPECTION
Glenn C. McGovern, motorcycle trial attorney and Motorcycle Safety Foundation Instructor, tried to a jury in Orleans and won a 2.83 million dollar jury verdict at the Orleans Civil District Court on June 19, 2015, against the now closed retail dealer, Hurricane Harley-Davidson and their insurers. Case 2010-6356 Division B was brought to court by Glenn C. McGovern and John Redmann, Esq., and his legal team. The wife of the motorcyclist purchased his dream bike as a Fathers’ Day surprise in 2009 and paid for a safety check of the used motorcycle. The dealer failed to disclose that the Hayabusa Japanese bike had disabled safety systems/speed limiters and the rear disc brake pads were worn to the metal backing plates. The defects resulted in the June 21, 2009, crash and death of the father of 5 children when he first time rode the Hayabusa sport motorcycle to the security gate 350 feet from his house.
The widow of the rider claimed that the safety inspection she paid for should have revealed the worn brakes and the electronic engine defects. The corporate representative testified the Harley Davidson mechanics did not know “metric” (Japanese) bikes and stated the dealer staff did not have to warn her of any defects due to an “as is” agreement she signed. The jury obviously disagreed with Hurricane Harley Davidson’s position rendering a record 2.83 million dollar judgment for a motorcycle case in Orleans Parish.