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07-694 - KAGAN v. HARLEY DAVIDSON, INC.


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07-694 - KAGAN v. HARLEY DAVIDSON, INC.
April 22, 2008
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MEMORANDUM AND ORDER THAT HARLEY DAVIDSON, INC.'S MOTION FOR SUMMARY JUDGMENT AS TO RICHARD KAGAN'S CLAIMS FOR BREACH OF WARRANTY (COUNT III) IS GRANTED. JUDGMENT IS ENTERED INF AVOR OF HARLEY DAVIDSON AND AGAINST KAGAN AS TO COUNT III, ETC. filed by HARLEY DAVIDSON, INC. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 04/22/08. 04/22/08 ENTERED AND COPIES E-MAILED.(ac, )
August 20, 2008
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MEMORANDUM AND OPINION THAT HARLEY DAVIDSON, INC.'S MOTION FOR SUMMARY JUDGMENT AS TO RICHARD KAGAN'S CLAIM OF STRICT LIABILITY (COUNT I) IS GRANTED. JUDGMENT IS ENTERED IN FAVOR OF HARLEY DAVIDSON AND AGAINST KAGAN AS TO COUNT I. HARLEY DAVIDSON, INC.'S MOTION FOR SUMMARY JUDGMENT AS TO RICHARD KAGAN'S NEGLIGENCE CLAIM (COUNT II) IS DENIED. HARLEY DAVIDSON, INC.'S MOTION FOR SUMMARY JUDGMENT AS TO RICHARD KAGAN'S WRONGFUL DEATH CLAIM (COUNT IV) IS GRANTED INSOFAR AS IT IS BASED ON STRICT LIABILITY AND DENIED INSOFAR AS IT IS BASED ON NEGLIGENCE. TRIAL ON RICHARD KAGAN'S REMAINING CLAIMS AND HARLEY DAVIDSON, INC.'S COUNTERCLAIMS IS SCHEDULED FOR MONDAY, DECEMBER 15, 2008, AT 10:00 A.M.. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 08/19/08. (Attachments: # (1) Memorandum and Order, # (2) Memorandum and Order) 08/20/08 ENTERED AND COPIES E-MAILED.(ac, )