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Court Wont reopen case against H.DCourt Wont Reopen Case on Failed Bearings against Harley Davidson
MILWAUKEE (AP) - The Wisconsin Supreme Court refused Thursday to reopen a class-action lawsuit that accuses Harley-Davidson Inc. of failing to disclose a defect in two engines sold in 1999 and 2000.
In a 4-3 vote, the court upheld a circuit court's decision refusing to reopen and amend a 2001 case brought by Steven Tietsworth of California. Tietsworth claimed the Milwaukee-based motorcycle maker knew or should have known the engine design for some motorcycles made in 1999 and early 2000 was inherently defective. The flaw, he claimed, diminished the value of his motorcycle.
A court of appeals had overruled the circuit court in December 2005, saying Tietsworth's case could be amended to include warranty and contract claims. The Supreme Court reversed that decision Thursday, ruling the circuit court has no authority to reopen the amended case without an order.
Harley-Davidson spokesman Bob Klein said the company would not comment until it had reviewed the decision. Tietsworth's lawyer, Ted Warshafsky, also said he needed to read the decision before commenting.
Harley-Davidson sent letters in January 2001 to Tietsworth and 140,000 other owners of 1999 and early 2000 models using the Twin Cam 88 and Twin Cam 88B engines. The company told owners the rear cam bearing in some bikes had failed but would probably not cause engine failure. Harley extended its warranty for the part and made cam repair kits available for $495.
Tietsworth's complaint, which later involved four other owners, said the problem increased riders' safety risks and decreased the value of Harleys with those engines. A circuit court judge threw out the original case, saying Tietsworth and others failed to show actual damages or economic loss, and its decision was eventually upheld by the state Supreme Court.
Tietsworth tried in 2004 to amend his original complaint to include contract and warranty claims. Thursday's Supreme Court decision ended that effor
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