Harley-Davidson Hit with Engine Defect Class Action Lawsuit

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Last week, a class action lawsuit alleging that Harley-Davidson Inc. violated its written warranty when it refused to repair an engine defect that causes coolant to leak in certain models of its motorcycles was filed in Illinois federal court.

According to the lead plaintiff, long time motorcycle enthusiast Robert Okon, one of Harley-Davidson’s motorcycle models, the 2014 FLHTKSE CVO Limited, contains defective engine parts and cooling systems. In his class action lawsuit, Okon alleges that he purchased a new CVO Limited in Bloomington, Ill. in September 2013. However, shortly after purchase, the CVO Limited allegedly began to leak coolant. Okon alleges that he brought the bike into the dealership for repair under the warranty, but the dealership was unable to permanently fix the problem.

Okron also alleges that Harley-Davidson Inc. has been notified of the problem. “[A]ll CVO Limited motorcycles purchased or leased by putative Class Members are covered by a 24 month, unlimited mileage written warranty provided by [Harley-Davidson],” the class action lawsuit says. “At all relevant times, the defective engine and coolant system of Mr. Okon’s CVO Limited was covered by [Harley-Davidson]’s 24 month, unlimited mileage written warranty. Similarly, every single CVO Limited owned by putative Class Members is covered by [Harley-Davidson]’s 24 month, unlimited mileage written warranty as none have been owned for more than 24 months.”

In the Harley-Davidson class action lawsuit, Okon contends that although the defective parts are allegedly covered under the Harley-Davidson 24-month, unlimited-mileage written warranty, the coolant leak problem has not been remedied by the company for his motorcycle and others who own the same model. “Despite receiving numerous complaints and purchasing back several CVO Limited motorcycles, [Harley-Davidson] has not been able to permanently repair the coolant leak defect present in all CVO Limited motorcycles,” the class action lawsuit says. “Therefore, [Harley-Davidson] dealerships and repair centers have merely been providing temporary repairs such as refilling coolant levels even though [Harley-Davidson]’s 24 month, unlimited mileage written warranty requires [Harley-Davidson] to permanently repair any defect in the CVO Limited.”

“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’s] 24 month, unlimited mileage written warranty,” Okon argues in his class action lawsuit.

According to the class action lawsuit, Harley-Davidson has breached its express warranty in violation of the Magnuson-Moss Warranty Act. Okron alleges that he has personally suffered damages in excess of $50,000 because of the alleged violations. The proposed Class includes “all persons who purchased or leased for personal, family, or household purposes model year 2014 or newer CVO Limited motorcycles and who were unable to have the coolant leak defect repaired,” the class action lawsuit says. “[Harley-Davidson] has sold hundreds (if not thousands) of CVO Limited motorcycles so Mr. Okon is confident that there are hundreds (if not thousands) of members of the putative Class.”

Okon is represented by Vince DiTommaso, Peter S. Lubin and John Auchter of DiTommaso Lubin.

The Harley-Davidson Engine Defect Class Action Lawsuit is Robert Okon v. Harley-Davidson Inc., Case No. 1:14-cv-06658, in the U.S. District Court for the Northern District of Illinois.