July 2014

HURRICANE, UT – Hurricane attorney, Benjamin Ruesch, won a victory in District Court in favor of a local Harley Davidson owner whose motorcycle had been sold without his permission.

The case began as a simple dispute over repair work performed by Defendant on Plaintiff’s Harley Davidson. In January, 2012 Plaintiff hired Defendant paying the agreed upon fee for the repairs. Defendant subsequently demanded more money before relinquishing the repaired motorcycle to Plaintiff. The Plaintiff believed he was being overcharged. In answer to a complaint filed in January 2013 Defendant stated “As for control of the bike, you’re right I will hold on to it till the bill is paid in full…Pay the bill and it won’t be sold.” The Defendant did not “hold on” to the bike but sold it.

Ruesch acting as counsel for Plaintiff successfully argued against Defendant, who chose to have no counsel. The Honorable Jeffrey Wilcox heard the arguments between Plaintiff and Defendant.  Ruesch effectively outlined the facts supporting damages for the Plaintiff.

The court concluded the Defendants “actions were willful and seriously interfered with (Plaintiff’s) title and ownership rights in the Harley and were done without lawful justification”. Actual damages in the amount of $15,000 and punitive damages in the amount of $3,000 were awarded Plaintiff.