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

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. Mr. 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 Mr. DeBartolo on March 22, 2008.

On March 24, 2008, John and his wife, Cindy DeBartolo, 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.

"Harley riders should be able to rely on the safety of the design and manufacturing process and safe practices in the repair of their motorcycles," said attorney John David Hart of the Law Offices of John David Hart in Fort Worth, who represents Mrs. DeBartolo. "A dangerous, unsafe throttle on a brand new Harley-Davidson led to a needless death. Hopefully this lawsuit will lead to safety changes which will prevent another tragedy."