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gymnast
Moderator
4260 Posts
[Mentor]


Meridian, Idaho
USA

Harley-Davidson

Sportster Sport

Posted - 04/15/2013 :  12:57 PM
Other than the initial news report, I could not find anything of substance relating to the case. I did find these adds Riders Edge ads and a press release relating to Thunderbird HD.

http://www.youtube.com/watch?v=7Q7TViz5-RI

http://www.youtube.com/watch?v=St9yY67waf4

http://www.youtube.com/watch?v=LITe8zwW4pg

http://www.prlog.org/11950402-excit...avidson.html
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James R. Davis
Male Administrator
17322 Posts
[Mentor]


Houston, TX
USA

Honda

GoldWing 1500

Posted - 04/15/2013 :  1:02 PM Follow poster on Twitter  Join poster on Facebook as Friend  
I have worked on the case for two years as an expert witness for the plaintiff.

Though a great deal of the evidence I reviewed is confidential and cannot be disclosed, I can talk generally about the case.
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gymnast
Moderator
4260 Posts
[Mentor]


Meridian, Idaho
USA

Harley-Davidson

Sportster Sport

Posted - 04/15/2013 :  1:06 PM
Did the lawyer for the plaintiff turn down an out of court settlement?
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James R. Davis
Male Administrator
17322 Posts
[Mentor]


Houston, TX
USA

Honda

GoldWing 1500

Posted - 04/15/2013 :  1:10 PM Follow poster on Twitter  Join poster on Facebook as Friend  
That is not information that I would have had access to or would be able to say even if I knew. And, it is up to the Plaintiff to decide to accept or reject a settlement offer, not the attorney.
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Axiom2000
Male Moderator
1761 Posts
[Mentor]


Georgetown, Delaware
USA

BMW

F 800 GT

Posted - 04/15/2013 :  2:45 PM
quote:
I have worked on the case for two years as an expert witness for the plaintiff.

Though a great deal of the evidence I reviewed is confidential and cannot be disclosed, I can talk generally about the case.


Is there anything you can tell us that may help in understanding why you think the jury reached the verdict they did?
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James R. Davis
Male Administrator
17322 Posts
[Mentor]


Houston, TX
USA

Honda

GoldWing 1500

Posted - 04/15/2013 :  3:26 PM Follow poster on Twitter  Join poster on Facebook as Friend  
I do not in any way speak for the jury. Anything I say here is merely my observation and personal opinion.

The attorney for the defense, Mr. Paul Yarbrough, is the smoothest and strongest attorney I have ever seen in a courtroom. The attorney for the plaintiff, Mr. Jesse Quackenbush, is also exceptionally talented. He, however, like me, (obviously a coincidence) was affected by the tenth day of a respiratory infection. It showed.

The plaintiff was no more than 4'11" tall. Pictures showing her trying to touch the ground while sitting on the Buell Blast had her touching the tips of her toes with both feet, and in my opinion, not even the balls of her feet. Four employees of the defendant claimed that she was touching the ground with the balls of her feet.

I have said several times that witnesses from opposite sides of a dispute can have very different opinions and may even believe them. That is certainly not me saying that one group of witnesses is lying. Which side is telling the 'truth' is a matter for the jury to decide.

The plaintiff had her first crash during exercise 3. The defense claimed that she 'successfully completed' all 9 exercises on range day one. Exercise 1 was claimed to have been successfully completed because the plaintiff was able to get her bike off its side stand and onto its wheels, without dropping the bike, for a period of 30 minutes. The fact (contested) that she could not 'straddle walk' the bike at all without a RiderCoach pushing her and balancing her bike for her in both directions and in the U-turn, was not seen as failing to meet the objectives of the exercise.

Since a primary claim of the suit was that the defendants failed to provide the plaintiff a bike that 'fit', which the very first part of exercise 1 is designed to demonstrate, I'm left to believe that the jury felt that the bike fit her or that she had the right to quit the class whenever she wanted to and elected to keep trying to deal with it. Indeed, I too, believe that she could have, and should have, quit the class based on the difficulties she was having (and that the RiderCoaches would not counsel her out of it). She made an HEROIC effort to complete the class, in my opinion. But apparently the jury felt that since she continued to try, the results were her fault instead of the defendants. (That is purely a guess on my part.)

The plaintiff crashed on the second range day as the very first thing she did for the day - exercise 10. She popped her clutch with about a quarter throttle and the bike raced straight ahead 40 feet into a concrete light pole. She had serious injuries as a result. Mistakes by the plaintiff were evident. And after popping the clutch, more mistakes - she froze and rode the bike into the light pole.

Apparently the jury felt that because the plaintiff made mistakes, her injuries were her own fault. (Again, purely my guess.)
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gymnast
Moderator
4260 Posts
[Mentor]


Meridian, Idaho
USA

Harley-Davidson

Sportster Sport

Posted - 04/15/2013 :  4:02 PM
Thanks for the summary Jim. Whether one agrees with the verdict or not, it is a "cautionary tale" for both students and instructors.
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