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So he's not really suing HD, he's suing the dealer.
 

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:confused: IDK, you go to a dealership to get a motorcycle, but then when you do, you sue the dealer. Nothing against a service member, but at the same time he went to the dealer to buy a motorcycle, he must of known he was not working and had no money to pay for it way before they signed any loan papers. I would figure the thought would of crossed his mind at some point before the purchase as to how he was going to pay for it. I know little or nothing about PTSD, but I do know about sleep deprivation, and even after being awake for several days I know when I have no money.:confused:
 

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So he's not really suing HD, he's suing the dealer.
It'll be interesting how it turns out. I'm not sure the courts would side with him on the mental illness thing since it could open a can of worms for anyone with a mental condition to renege on their deals.

He might be better off using the fact that the dealer did not do due diligence in acertaining whether or not he was legally qualified to operate the machine before they tossed him the keys.

Seems like there should be some minimum standard business owners have in dispensing products. I know if I get too drunk, the bar maid won't give me any more. She always wants paid for what she's given me though. :(
 

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There seams to be more to it. You think dealer would just charge him some kinda restock.
Sounds like family got pissie with dealer and that was it dealer wants all his money.
I am sure were not getting all the store.
 

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I just wonder if he paid cash or they finance it??? How did they give him financing with no job / income????
 

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Hard to say, but I personally believe in personal responsibility. A guy comes in and if he paid cash then what is the dealership supposed to do, refuse. If he got a loan then just don't pay it, some one will be along shortly to pick it up.
 

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It'll be interesting how it turns out. I'm not sure the courts would side with him on the mental illness thing since it could open a can of worms for anyone with a mental condition to renege on their deals.

He might be better off using the fact that the dealer did not do due diligence in acertaining whether or not he was legally qualified to operate the machine before they tossed him the keys.

Seems like there should be some minimum standard business owners have in dispensing products. I know if I get too drunk, the bar maid won't give me any more. She always wants paid for what she's given me though. :([/QUOTE

Sales people don't care how they make their money.
Lets say your 18 years old with 13 grand in your pocket and never even ridden any bike before. You walk into a Suzuki dealer.
Do you think they won't sell you a new Hayabusa.?
Hope sales folks don't sleep well. :mad:
 

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Sales people don't care how they make their money.
Lets say your 18 years old with 13 grand in your pocket and never even ridden any bike before. You walk into a Suzuki dealer.
Do you think they won't sell you a new Hayabusa.?
Hope sales folks don't sleep well. :mad:
They may not care, but that doesn't mean they can't be held legally liable.

But assuming the veteran had to get financing, he would have also had to get insurance to cover the lender. Insurance would surely want verification of license to operate a vehicle they are insuring.

Anyway, if the vet was able to do all that and talk his way out of providing proof of funds, a job, a license etc. It's going to be a pretty big stretch to try to prove he was mentally incompetent at the time of the purchase IMHO.
 

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They may not care, but that doesn't mean they can't be held legally liable.
Got any examples. Priced Attorneys lately? cheers
 

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They may not care, but that doesn't mean they can't be held legally liable.
Got any examples. Priced Attorneys lately? cheers
As a matter of fact, I just read about a pharmacist in a similar pickle recently. There is a law in dispensing medications called the "traditional approach." This pretty much absolves pharmacists of any liability for harmful patient outcomes that aren't a result of dispensing the wrong medicine/quanity etc.

In a recent case, a lady OD'd on ergotamine suppositories. They are used to treat migrane headaches (and are the chemical cousin of LSD). She suffered permanent nerve damage. The pharmacist typed on the label the directions from the doc, but failed to inform the patient that the butt pills had a maximum weekly limit.

The pharmacist argued that he dispensed the correct drugs as prescribed (in accordance with the traditional approach).

In the finding for the patient, the judge agreed with the plantiff's attorney and imposed an "expanded duty approach." He said in effect that a patient has a right to expect that a pharmacist will use his expertise protect them from harm.

As I mentioned earlier, bar maid et al, have had similar legal stipulations put on them in recent years. I don't think it would be out of bounds if that guy would have ridden out into traffic to hold the dealer responsible for providing a machine he wasn't licensed to operate.
 

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They may not care, but that doesn't mean they can't be held legally liable.

But assuming the veteran had to get financing, he would have also had to get insurance to cover the lender. Insurance would surely want verification of license to operate a vehicle they are insuring.

Anyway, if the vet was able to do all that and talk his way out of providing proof of funds, a job, a license etc. It's going to be a pretty big stretch to try to prove he was mentally incompetent at the time of the purchase IMHO.
When I bought my first bike the insurance company never asked if I had a license. They didn't even ask if I had a permit.


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+With the story as is, if I were a dealer? I think I'd have refused the on-the-spot sale.

There's something missing in the story, though, purchase-wise. No-one's telling us how he bought the bike on-the-spot.

Regardless, I definitely wouldn't have let a non-licensed purchaser leave my lot on the bike. Licensed friend? Trailer? No problem. Take it away.

Ride on.
Roadkill
 

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...

But assuming the veteran had to get financing, he would have also had to get insurance to cover the lender. Insurance would surely want verification of license to operate a vehicle they are insuring...
Not true. A friend of mine bought a motorcycle without even a learners permit. He then totaled that bike. The insurance company paid that bike off and insured him on the replacement bike even though he STILL didn't have a motorcycle license.

When I bought my first bike the insurance company never asked if I had a license. They didn't even ask if I had a permit.
When I bought my first bike I had a learners permit. The insurance company covered me no problem. I didn't realize until over a year later that I was still listed as only having a learners permit. I updated my account and got a discount. They'll cover you without an endorsement or an MSF course...but at a higher premium.
 

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The Vet has a chance to win his case.

From the Ohio State Bar Association website
Q: What does PTSD have to do with the law?
A: The law recognizes that mental illness can limit the mental capacity of a person to act responsibly. Now that mental health professionals have come to recognize PTSD as a mental illness and personality disorder, the law also recognizes that PTSD can diminish a person’s mental capacity. This means that the law may treat a person diagnosed with PTSD as having a mental illness. Such a person would qualify to be judged with a different, more lenient, standard from persons who are considered “sane.”

PTSD can be used as a defense in both civil and criminal law. For example, in civil cases, a diagnosis of PTSD can apply to a workers’ compensation claim, a personal injury lawsuit, and disability insurance litigation. A complaint can be made against an employer for creating a hostile work environment or not providing reasonable accommodation for an employee afflicted with PTSD as required by the Americans with Disabilities Act (ADA). An employer’s negligence or wrongdoing in this regard may lead to a claim of “wrongful discharge” that might include allegations of harassment, severe emotional distress, or even workplace violence.
Personally if what he says is true I hope that he wins. If he was acting like something was wrong and he wasn't all there the salesman at least has a moral obligation to question the sale. I know you can't legalize morals but too many times we back doing the wrong thing because it wasn't illegal. Integrity should mean more than it does in today's society.
 

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The Vet has a chance to win his case.

From the Ohio State Bar Association website


Personally if what he says is true I hope that he wins. If he was acting like something was wrong and he wasn't all there the salesman at least has a moral obligation to question the sale. I know you can't legalize morals but too many times we back doing the wrong thing because it wasn't illegal. Integrity should mean more than it does in today's society.
I hope he doesn't, I appreciate his service, but I think it opens a can of worms. Though I really think suing in our present day court system is a crap shoot. Just depends on the judge you get.

Seriously though couldn't anyone walking into to buy a Harley plead insanity. :p
 

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I hope he doesn't, I appreciate his service, but I think it opens a can of worms. Though I really think suing in our present day court system is a crap shoot. Just depends on the judge you get.

Seriously though couldn't anyone walking into to buy a Harley plead insanity. :p
Anybody walking in to Any bike dealer could use the insanity defense. Depending on the bike ( doesn't matter who made it) I could easily spend more than I paid for a new 2012 truck last year. And only have 2 wheels and 6 less cylinders.


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To start of I want to thank this man for his service. I to have PTSD and TBI stemming from a blackhawk crash at fort Campbell KY. I kNow that there are a plethora of issues that can be associated with these conditions. Thankfully my only issue is memory loss.

Empathy aside. I think that this man may be suffering of buyer remorse. I sounds to me like he may have purchased the bike outright. My experience with bike dealerships is that they would sell anyone a bike no questions asked if they had cash in hand. Seems like his family is trying exploit his condition here. I would personally have purchased the bike back at a fair price but then again I don't own a dealership.


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OK. I am going to go against the grain here. We have a person who walks into a dealer and talks to a salesman. I'm sure that happens every day. After a while of talking to the salesman they agree to sell him a bike, again quite ordinary. The guy takes possession of the new bike and rides it home, again quite ordinary and I can say it is really expected by the salesman.
6+ months later the guy tries to claim he was not responsible for his actions and files suit. It strikes me that this is a case where there may have been buyer's remorse and some ambulance chaser tells the guy if he makes certain statements he can get his money back.
Why in the heck would I ever support such a position? If I sold hamburgers and fries for a living and someone with heart disease walked into my restaurant, would I be held responsible for failing to ask them if they had a lipids problem before consenting to serve them? I see this example as exactly the same thing. People are responsible for what they do, not the people who help them get what they want.
 
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