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Wrongful Death Lawsuit Filed Over Allegedly Defective Motorcycle

FORT WORTH, Texas — A Granbury, Texas, woman has filed a lawsuit against Harley-Davidson after a crash on a Harley-Davidson motorcycle allegedly caused by a malfunctioning electronic throttle killed her husband. The woman was also seriously injured.

According to the lawsuit:

John DeBartolo purchased a 2008 FLHX Harley-Davidson motorcycle on March 15, 2008, from Longhorn Harley-Davidson in Grand Prairie, Texas. The next week, the electronic throttle failed to operate properly. DeBartolo called Longhorn Harley-Davidson to notify them of the problem. The motorcycle was delivered to the dealership for repair. It was supposedly repaired and returned to DeBartolo on March 22, 2008.

On March 24, 2008, DeBartolo and his wife, Cindy, were riding the Harley-Davidson southbound on FM 4 in Acton, Texas, when the electronic throttle malfunctioned and caused a loss of control of the motorcycle. John DeBartolo was killed and Cindy DeBartolo was seriously injured.

The lawsuit was filed in Tarrant County by Cindy DeBartolo against Harley-Davidson Motor Company Inc., LHD Partners L.P. d/b/a Longhorn Harley-Davidson. The lawsuit includes allegations that the electronic throttle on the Harley-Davidson motorcycle was unreasonably dangerous and that Longhorn Harley-Davidson failed to properly repair the malfunctioning throttle.

John David Hart of the Law Offices of John David Hart in Fort Worth represents Mrs. DeBartolo. The Law Offices of John David Hart represents people in cases of catastrophic personal injury, wrongful death, dangerous drugs, automobile and truck accidents, oil and gas and commercial litigation. More information is available at