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Harley-Davidson seeking to have lawsuit claiming defective part tossed

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MILWAUKEE (WTAQ) - Wisconsin’s Harley-Davidson has asked a Texas judge to throw out a legal claim filed by a man who said a defective cruise control caused his motorcycle to hit a road barrier.

William Simmons sued the dealer where he bought the bike, as well as Harley’s Dallas-Fort Worth management group and the firm’s Milwaukee headquarters.

He said he was injured in 2009 when the cruise control engaged on his motorcycle, as he was entering a curved freeway ramp on Interstate 45 in Texas. He said he applied the brakes, but the cruise control did not disengage like it was supposed to – and it caused him to lose control and strike a concrete barricade.

Harley said Simmons did not produce, “one scintilla of evidence” of a manufacturing or design defect which caused the crash. And the company said Simmons had plenty of time to research the matter in the three years since the crash took place. 

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