Kawasaki Wants Vulcan 1700 Motorcycle Class Action Lawsuit Tossed

Kawasaki Motors Corp. USA has filed a motion to dismiss a class action lawsuit alleging that its Vulcan 1700 series motorcycle has defects that create a dangerous heat issue, arguing that the lead plaintiff failed to state a claim under various state laws.

More important, according to Kawasaki’s May 22 motion, is the plaintiff’s failure to allege in the Kawasaki motorcycle class action lawsuit that: “(a) the claimed defect caused personal injury to any individual or damage to any property other than to the motorcycle itself; (b) Plaintiff (the class representative) gave notice of the alleged defect to KMC; and (c) Plaintiff purchased the subject motorcycles directly from KMC or otherwise had privity of contract with KMC.”

Bert Napier of Missouri filed the Kawasaki motorcycle class action lawsuit in March, claiming that he purchased a Kawasaki Vulcan 1700 series motorcycle on Oct. 6, 2011 from a Kawasaki dealership in Crystal City, Miss. He claims that he experienced “intolerable levels of heat while operating said motorcycle under normal conditions,” making it virtually impossible for him to drive the motorcycle. The Kawasaki class action lawsuit claims that Napier properly maintained the motorcycle and did not modify it in any way that would lead to this condition. He blames the excessive heat on a manufacturing and design defect.

Napier alleges Kawasaki was aware of the Vulcan 1700 defect before he purchased the motorcycle and had a duty to warn him about the danger posed by the excessive heat. Kawasaki “knew, or by using ordinary care should have known of the dangerous condition of the Kawasaki Vulcan 1700 series motorcycles,” the Kawasaki class action lawsuit says. Further, he alleges that Kawasaki had no reason to believe that consumers would realize the danger posed by the excessive heat given off by the Vulcan engine.

The class action lawsuit alleges Kawasaki failed to warn Napier of the danger posed by the excessive heat defect, and that he was damaged by this failure to warn. Due to the alleged defect, Napier claims that his motorcycle is dangerous and nearly valueless. “The devaluation of the motorcycle at the time of sale was a direct result of the motorcycle engine’s excessive heat defect,” Napier states.

Kawasaki’s motion to dismiss contends that “the complaint does not say how much heat is excessive, or to whom, nor does it identify what is causing the heat given that all engines generate heat.”

The company argues that since the plaintiff failed to state claims on behalf of himself under Missouri law, it requires dismissal of the class action lawsuit because without a named plaintiff to represent the putative class, plaintiff’s class-based claims cannot go forward with adequate representation.

With this, Kawasaki is asking the court to dismiss Napier’s complaint “with prejudice for failure to state a claim.”

The Kawasaki Vulcan Motorcycle Defect Class Action Lawsuit is Napier v. Kawasaki Motors Corp. USA, Case No. 4:14-cv-00508, in the U.S. District Court for the Eastern District of Missouri.