ksquared
"O Captain, My Captain"
Former Chicago firefighter sues Harley-Davidson
He alleges bike wobbled before crash; company blames rider error
Ex-firefighter Jim McMahon's wrecked Harley-Davidson sits in a Daley Center courtroom Wednesday. (William DeShazer, Chicago Tribune / October 19, 2010)
By Duaa Eldeib, Tribune reporter
9:33 p.m. CDT, October 20, 2010
Jim McMahon, a longtime Chicago firefighter and motorcycle enthusiast, broke down twice Wednesday as he testified in a Cook County courtroom about being paralyzed from the chest down in a motorcycle crash.
He could use only his thumbs to wipe away the tears.
McMahon, 53, is suing Harley-Davidson, claiming the company produced a faulty motorcycle that led to his 2004 crash on an Arizona interstate. A resident of Chicago's Mount Greenwood neighborhood, McMahon requires a wheelchair and around-the-clock care.
In his opening statement, McMahon's attorney, Scott Hooper, said his client's bike "weaved and wobbled" before it crashed.
"A weaving and wobbling motorcycle is not a safe motorcycle," Hooper said. "They sold it knowing there's a problem with it and knowing there's a way to fix it."
McMahon's motorcycle, a 2004 black and cobalt blue Screamin' Eagle Electraglide, sat in the middle of the Daley Center courtroom. The bike's left side was mangled and grass remained lodged in the wheel.
Many jurors stood up to get a better look when Hooper pointed to the bike and said that some critical bolts were loose before the crash.
Mark Kircher, representing Harley-Davidson, said the crash was caused by driver error, not a mechanical defect.
"A moment of inattention caused him to leave the road," Kircher said. "When the road turned, he didn't."
McMahon bought his motorcycle on New Year's Eve 2003. At the time, he was a lieutenant with the Chicago Fire Department.
On March 29, 2004, McMahon and some friends, many of them fellow firefighters, were riding near Benson, Ariz. One rider signaled he needed gas and McMahon accelerated to the front of the group to alert others to the planned exit.
That's when McMahon said the motorcycle, which had only about 900 miles on it, began shaking and wobbling. When he tried to slow down, he said he felt it getting worse, so he sped up.
"I didn't know what was happening," McMahon said. "I was trying to hang on for my life."
After he crashed, he was unconscious and without a pulse. Doctors placed him in a medically induced coma.
On Wednesday attorneys from both sides tried to use product tests done by Harley-Davidson to support their arguments. Kircher said Harley motorcycles underwent "extensive, rigorous" testing that proves they are safe. Hooper said company tests show a pattern of problems similar to the one experienced by McMahon.
Hooper said he is representing three other clients with similar issues with their motorcycles, and that McMahon's case is the first to go to trial.
He alleges bike wobbled before crash; company blames rider error
Ex-firefighter Jim McMahon's wrecked Harley-Davidson sits in a Daley Center courtroom Wednesday. (William DeShazer, Chicago Tribune / October 19, 2010)
By Duaa Eldeib, Tribune reporter
9:33 p.m. CDT, October 20, 2010
Jim McMahon, a longtime Chicago firefighter and motorcycle enthusiast, broke down twice Wednesday as he testified in a Cook County courtroom about being paralyzed from the chest down in a motorcycle crash.
He could use only his thumbs to wipe away the tears.
McMahon, 53, is suing Harley-Davidson, claiming the company produced a faulty motorcycle that led to his 2004 crash on an Arizona interstate. A resident of Chicago's Mount Greenwood neighborhood, McMahon requires a wheelchair and around-the-clock care.
In his opening statement, McMahon's attorney, Scott Hooper, said his client's bike "weaved and wobbled" before it crashed.
"A weaving and wobbling motorcycle is not a safe motorcycle," Hooper said. "They sold it knowing there's a problem with it and knowing there's a way to fix it."
McMahon's motorcycle, a 2004 black and cobalt blue Screamin' Eagle Electraglide, sat in the middle of the Daley Center courtroom. The bike's left side was mangled and grass remained lodged in the wheel.
Many jurors stood up to get a better look when Hooper pointed to the bike and said that some critical bolts were loose before the crash.
Mark Kircher, representing Harley-Davidson, said the crash was caused by driver error, not a mechanical defect.
"A moment of inattention caused him to leave the road," Kircher said. "When the road turned, he didn't."
McMahon bought his motorcycle on New Year's Eve 2003. At the time, he was a lieutenant with the Chicago Fire Department.
On March 29, 2004, McMahon and some friends, many of them fellow firefighters, were riding near Benson, Ariz. One rider signaled he needed gas and McMahon accelerated to the front of the group to alert others to the planned exit.
That's when McMahon said the motorcycle, which had only about 900 miles on it, began shaking and wobbling. When he tried to slow down, he said he felt it getting worse, so he sped up.
"I didn't know what was happening," McMahon said. "I was trying to hang on for my life."
After he crashed, he was unconscious and without a pulse. Doctors placed him in a medically induced coma.
On Wednesday attorneys from both sides tried to use product tests done by Harley-Davidson to support their arguments. Kircher said Harley motorcycles underwent "extensive, rigorous" testing that proves they are safe. Hooper said company tests show a pattern of problems similar to the one experienced by McMahon.
Hooper said he is representing three other clients with similar issues with their motorcycles, and that McMahon's case is the first to go to trial.
