BMW of North America and a customer who brought a proposed class action against the company, alleging it sold motorcycles with defective gear indicators, have agreed to drop their dispute from New Jersey federal court, according to a joint stipulation.
BMW Motorcycle Gear Display Trial : Case Dismissal Details
Daniel Casey, BMW of North America LLC, and its European parent, Bayerische Motoren Werke AG, informed the District of New Jersey that they had agreed to dismiss Casey’s claims over the purportedly defective gear indicators without prejudice and without costs awarded to either side. The parties did not mention a settlement in their Friday stipulation regarding the BMW Motorcycle Gear Display Trial.
Allegations and Initial Lawsuit
Casey took the BMW entities to court in 2019, alleging that the gear indicators on many of the company’s F, K, G, R, HP2, and S series BMW motorcycles would sometimes display the incorrect gear or just not show what gear the vehicle was in. The suit said that the allegedly defective indicators put motorcyclists at risk of accidents and put unnecessary stress on their motorcycles as riders were left without information needed to, for example, gradually accelerate without overworking the engine.
BMW Motorcycle Gear Display Trial : Proposed Class Action
The suit proposed a nationwide class of all those who bought or leased one of the motorcycles at issue in the United States, except those who bought them for resale or distribution. This class action was central to the BMW Motorcycle Gear Trial, highlighting the widespread concern among BMW motorcycle owners.
Legal Representation
Casey is represented by Janine L. Pollack of George Feldman McDonald PLLC and Adam R. Gonnelli of the Law Office of Adam R. Gonnelli LLC. BMW is represented by Christopher J. Dalton, Argia J. DiMarco, and Melissa J. Bayly of Buchanan Ingersoll & Rooney PC.
Conclusion
The dismissal of the BMW Motorcycle Gear Display Trial marks the end of this particular legal challenge over the gear indicators. With the case closed without prejudice, future litigation on similar grounds remains a possibility, though no costs were awarded to either side.
