NEW ORLEANS – A Louisiana man alleges a swingarm he purchased for his Kawasaki motorcycle failed while he was riding the bike and caused him to crash.
Robert W. Fullerton filed a complaint on May 31 in the U.S. District Court for the Eastern District of Louisiana against McIntosh Machine & Fabrication LLC, doing business as McIntosh Grayson Motorsports, and Terry McIntosh citing state civil codes.
According to the complaint, the plaintiff alleges that on Feb. 26, 2017, he sustained personal injuries, property damage and losses when the Alumi-Street swingarm of his motorcycle failed in normal use, causing an accident on Highway 3127 in St. John the Baptist Parish. The suit states the plaintiff purchased the swingarm from the defendants and that it contained hidden design and manufacturing defects.
The suit states that the plaintiff underwent emergency surgery and incurred medical expenses exceeding $100,000.
The plaintiff holds McIntosh Machine & Fabrication LLC and McIntosh responsible because the defendants allegedly failed to provide warning that the product they sold was unfit for high speeds, high performance sport bike riding or racing use.
The plaintiff requests a trial by jury and seeks damages as are reasonable under the circumstances with legal interest and all costs of the suit. He is represented by Glenn C. McGovern and Robert W. Fullerton of Glenn C. McGovern Attorney & Counselor At Law in Metairie.
U.S. District Court for the Eastern District of Louisiana Case number 2:17-cv-05409