Los Angeles, CA: A defective product class action lawsuit was filed against Harley-Davidson Inc, accusing the company of breaching a 24-month, unlimited-mileage written warranty by not repairing an engine defect in certain motorcycle models that constantly leak coolant.
Filed by lead plaintiff Robert Okon, the lawsuit states that a design defect in Harley-Davidson' 2014 model year FLHTKSE CVO Limited motorcycles affects the performance of its engine and associated coolant systems. The lawsuit further claims that while the defective parts are covered under Harley-Davidson' warranty, the company has discovered a way to repair the defect.
"CVO Limited owners and lessors have been damaged because they possess a motorcycle with a design defect which cannot be repaired as required under [Harley-Davidson'] 24 month, unlimited mileage written warranty,"the complaint states.
In the lawsuit, Okon states he purchased a new 2014 CVO Limited motorcycle from a dealership in Bloomington, Ill, in September with the 24-month warranty, covering parts including the engine and cooling systems. However, only a couple of weeks later, coolant began to leak from in and around the engine and coolant system.
Okon contacted the dealership who picked up the motorcycle for repair. The dealer then allegedly tried to correct the coolant leak pursuant to the written warranty and returned the bike to Okon, the suit states. However, the problem wasn't remedied, and Okon had to return his CVO Limited for repairs on several occasions because it "constantly"leaks coolant, the complaint alleges.
"For each of these times when Mr. Okon' CVO Limited has been brought in for repair of the coolant leak, the [Harley-Davidson] dealerships have been unsuccessful in repairing the leak,"the complaint states.
The lawsuit seeks to represent all people who purchased or leased the allegedly defective CVO Limited motorcycles, according to the complaint. He says Harley-Davidson has been notified about the coolant leaks, but the company hasn't been able to come up with a permanent fix for the defect, forcing its dealerships and repair centers to provide temporary repairs including refilling coolant levels, even though the warranty requires Harley-Davidson to permanently repair all defects.
Okon is represented by Vince DiTommaso, Peter S. Lubin and John Auchter of DiTommaso Lubin.
The suit is Robert Okon v. Harley-Davidson, Inc., case number 1:14-cv-06658, in the U.S. District Court for the Northern District of Illinois.
