"... As for the icon, Veen focused the jury on a Harley engineer's deposition testimony that the manufacturer puts it on all of its bikes "to make sure that those bikes that did have ABS would definitely have the icon in."
Rushford said the dealership made no such representation, and Harley-Davidson Motor Co. attorney Gary A. Wolensky of Newport Beach said there's nothing "odd or unique about having an ABS icon on a non-ABS bike."
If the icon doesn't light up when you start the bike, anybody should know you don't have ABS, according to Wolensky. He said in the six years Harley-Davidson has offered the braking option, nobody has filed a claim or lawsuit or even complained to a dealer.
To require separate tachometers for the two types of bikes would "bring the assembly line to a halt," Wolensky said.
Wolensky and Rushford blamed Jack Wilson, 48, for the crash. They both said he should have known the bike's features after riding it for 15 months and 12,000 miles.
"Jack Wilson should have prevented this accident," Wolensky said. "He didn't know his bike."
Veen laid a third of the fault on Jack Wilson and told the jury to award the estranged husband only $100. But he said the ABS icon and the alleged remark by the salesman mean the manufacturer and the dealer have to pay.
"How many brain-damaged people will it take?" Veen asked."