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Defect Victims
Tire Defect Ends Life of Motorcycle Enthusiast
Stephen Gageby, 52, active member of the local Harley Davidson Motorcycle Club, and his wife, Karla, 47, were on their way to a son's birthday party May 8, 2007, using their favorite mode of transportation: Stephen's 2003 Harley Davidson Ultra Classic. The weather around Butte, Montana, was sunny and clear and Interstate 90, with its miles of straight-aways and open vistas, beckoned. They climbed on for what would be their last ride together.
As the Gagebys neared Missoula, witnesses later told police they saw the rear tire of the motorcycle fail, sending the bike careening out of control and crashing onto the pavement. Both Stephen and Karla were ejected about 140 feet. Stephen suffered massive, fatal head injuries. Karla sustained serious, permanent injuries.
This tragedy originated from a product defect, in this case a Goodyear Dunlop D402. These crashes happen more often than most people realize.
Like passenger tires, motorcycle tires are susceptible to manufacturing defects and tire failure. Unlike a passenger car however, a motorcycle is much more likely to suffer a loss of control should a tire fail. Severe injuries are almost a certainty in these types of accidents.
Sometimes there are recalls of tires known to be defective. However, it is difficult to reach all tire owners, and defective tires may remain in circulation for many years. Recalls are sometimes initiated as a result of customer complaints. Unfortunately, many riders who experience a tire failure don't know that the tire is defective. If you think you may have experienced a tire defect, it's important that you report it. To file a complaint with the government, go to http://www-odi.nhtsa.dot.gov. And if you've experienced a motorcycle tire failure, please let us know about it by contacting Edwards Firm.
For an excellent article on tire safety, go to http://www.motorcyclecruiser.com/tech/tire_facts/index.html
For other good information on motorcycle safety go to http://www.nhtsa.dot.gov/people/injury/
pedbimot/motorcycle/motorcycle03/nhtsamotorcycle.htm
Update: Lawsuit Faults Dunlop Tire In Safety Advocate's Death
BUTTE, MT - The widow of Stephen Gageby, long-time local motorcycle club member and safety advocate, has filed a lawsuit alleging a defective Dunlop tire led to her husband's death and her serious injuries in a motorcycle crash in 2007.
"Were it not for a defectively manufactured tire, Stephen Gageby would be alive today, promoting safe and responsible motorcycle riding. But even the safest drivers cannot guard against corporate negligence," said attorney Billy Edwards, who filed the suit on behalf of Karla Gageby.
Both Stephen, 52, and Karla, 47, were riding their 2003 Harley Davidson Ultra Classic to a son's birthday party May 8, 2007, when the rear tire suddenly deflated. Gageby, who was driving, lost control of the vehicle, which crashed, ejecting him and Karla some 140 feet. Stephen suffered massive, fatal head injuries. Karla sustained serious, permanent injuries.
Both were active members of the Butte Harley Davidson motorcycle club; Stephen was considered a mentor by many members, who looked up to him for his experience and safety advocacy, and Karla served as club secretary.
The tire in question is a Goodyear Dunlop D402. According to the suit, a defect in the bead seat area of the tire allowed excessive leakage of air leading to a "sudden and catastrophic deflation" of the tire.
Stephen Gageby, 52, active member of the local Harley Davidson Motorcycle Club, and his wife, Karla, 47, were on their way to a son’s birthday party May 8, 2007, using their favorite mode of transportation: Stephen’s 2003 Harley Davidson Ultra Classic. The weather around Butte, Montana, was sunny and clear and Interstate 90, with its miles of straight-aways and open vistas, beckoned. They climbed on for what would be their last ride together.
If defendants argue that the bike was overloaded, plaintiffs will argue that the Gagebys also were not adequately warned about weight limits for the Harley Ultra, according to the suit.
The suit (Cause No. DV-08- 480) was filed Nov. 10, 2008, in the Second Judicial District Court, Butte Silver-Bow County.
Attorneys representing Karla Gageby and the Gageby estate are Michael McKeon, with the law firm of McKeon and Anderson, PC, Butte, Mt, and Billy Edwards, with the Edwards Firm, Corpus Christi, TX.
For more information, contact Teresa Kelly, 512-328-4276, for the Edwards Firm
Recalls
Get up-to-the-minute information on safety recall campaigns or the recall history of a particular make and model of motorcycle:
Call toll-free
1-888-327-4236
(NHTSA-National Highway transportation safety administration)
Visit the website www.nhtsa.dot.gov
See also the NHTSA Motorcycle Safety Program