WHEELING – Honda denies it is responsible for the injuries of a Marshall County man who claims he was hurt during an accident after brakes on his motorcycle failed.

Robert D. Strawn was driving his 2002 Honda Gold Wing motorcycle in Pleasant Valley on April 10 when he lost control of it as a direct result of the failure of the bike's brakes, according to the complaint he filed in Marshall Circuit Court.

Only two days before the incident, Honda Direct Line replaced and balanced the front tire of the motorcycle, the suit states.

In order to replace the front tire, Honda Direct Line was required to remove the brake calipers on the front wheel of the motorcycle, Strawn alleges in his complaint against Honda.

As a result of the accident, Strawn suffered injuries to his chest, shoulders, ribs, hands, neck, back and hips and sustained multiple abrasions and road rash, according to the complaint.

He also suffered medical bills, lost time from work, property damages, physical pain, mental distress, emotional anguish, annoyance, inconvenience, grief, humiliation, chagrin and a diminishment in his ability to enjoy life and incurred medical expenses, the suit states.

Strawn claims Honda was negligent by failing to properly replace the brake calipers, by failing to properly maintain and repair the motorcycle, by failing to utilize proper tools during the maintenance, by failing to follow proper protocol for the replacement of tires, by selling defective motorcycle parts and by utilizing defective tools for the repair.

It also negligently failed to adequately train its employees, failed to adequately supervise its employees and retained employees, according to the complaint.

Although Honda admits it did perform repair work on the motorcycle, it denies that it was negligent in its repairs.

Instead, it asserts in its answer to the complaint that Strawn's own negligence caused the accident.

Honda removed the case to federal court on Feb. 12 because it is resident of a different state than Strawn and because Strawn is seeking more than $75,000.

In the complaint, Strawn is seeking unspecified compensatory damages, plus pre- and post-judgment interest, costs, attorney's fees and other relief the court deems just.

Honda is requesting judgment be entered in its favor and that it recover all costs, plus other relief the court deems appropriate.

Strawn is represented by David A. Jividen of Jividen Law Offices in Wheeling.

Honda is represented by Bradley K. Shafer of Steptoe and Johnson in Wheeling.

U.S. District Court case number: 5:09-CV-20

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