Busting a Bike

Added: 2026-05-15

[00:00:01]This is the plaint of Will King. He says he brought his motorcycle to the defendant shop for storage and when he went to pick it up, it had an electrical problem and no longer worked. Bottom line, they abused his bike. It went in working and came out broken and they owe him $2,929 in repairs.

[00:00:26]This is the defendant, Marie. She says the plaintiff's making a false claim against her and she's not going to take it lying down. No, Siri. The pliff's bike was towed into her shop. He had them install a battery and when they did, all these electrical problems started showing up. She didn't cause them and won't be blamed for them by him or anyone else. She's accused of busting a bike.

[00:00:54]>> Okay, Will King, you are suing. You've asked to be referred to only as Marie and not use your corporate name. We'll respect that. Marie, who is the owner of um the company in question here for $2,929 in damages to your motorcycle that you say they did to it attempting to change a battery um when you had it there for storage. Okay. Tell me what happened here. You have a motorcycle. What kind of motorcycle is it?

[00:01:22]>> Uh it's a BMW K75S. What year?

[00:01:26]>> Uh 93.

[00:01:27]>> All right. And so how did you come into contact with the defendant?

[00:01:31]>> Uh I had a medical emergency and I ended up leaving my bike out on the curb out at parked at the curb and uh so uh because I was in the hospital, I had the bike towed to her uh company where she has storage.

[00:01:46]>> Had you used them for storage before?

[00:01:48]>> No, I had never used them.

[00:01:49]>> How did you find them? Do you What What had you been using for storage? Uh this is actually the first year that I had the motorcycle during the winter time.

[00:01:58]So I was planning on putting the bike in storage for winter. Okay.

[00:02:03]>> And I had talked to some other bike owners and had >> they had recommended. All right. So so you asked them to tow and store >> and then what happens? Uh so when I went back after wintertime um the battery that I had had in the motorcycle when I purchased it was a little tiny battery and when I would use certain parts the battery would go dead.

[00:02:26]>> So I asked her to um change the battery and uh >> when you asked that in March when you were picking up the bike or before you gave you gave it in.

[00:02:35]>> Uh no in March when I went.

[00:02:37]>> Okay. So you call them and you say I'm ready to pick up the bike. I'm going to pick it up on such and such a date. can you guys put in a new battery? And they say, "Okay." And then what happens?

[00:02:45]>> Uh, well, Marie called me up and said, "Uh, when he connects the battery to your bike, it goes kachchung kachchung kachchung."

[00:02:56]>> Oh, that's something you don't want to hear. You don't want to hear your mechanic say, "Your car's going or your bike's going kachchuk."

[00:03:01]That can't be good.

[00:03:02]>> So, I say, you know, I'm not clicking clack from car talk. I don't know what you're talking about. I'll be right over. So, I go over there and the first thing I said to her was, >> "We can tell the difference between them and you because you you aren't constantly laughing at your own jokes."

[00:03:17]Okay. Go ahead.

[00:03:19]>> Go ahead.

[00:03:20]>> Uh, you know, I say you've connected the negative terminal first because that that the battery had I could see that the positive terminal was not connected and the negative terminal was connected.

[00:03:35]And that is exactly the opposite of what every manual that I have, including the BMW owner's manual, that is the opposite way of connecting the battery to this bike.

[00:03:51]>> Okay. And you're saying that you feel that they connected the left one first because the right one was disconnected when you got there.

[00:03:58]>> I saw it. I saw I saw that the positive >> was disconnected. It's disconnected >> and the and the so it's exactly what I just said, right? That you feel that that means they put the negative on first cuz that's the only one that was on when you came. The positive and she says >> she says it doesn't matter >> which one goes on first.

[00:04:16]>> It doesn't matter which one goes on first.

[00:04:18]>> Okay.

[00:04:18]>> So, uh you know I have >> Do you have the manual? Oh, yeah.

[00:04:23]>> Can I see it?

[00:04:24]>> Does it say the consequences that happen if you put one on before the other? If you put the wrong one on first.

[00:04:28]>> Uh no, it does not say the consequences.

[00:04:30]>> Okay. So, that's not helpful then. What do you have something that says what you say which is this is a huge problem and it caused the cuz by by the way what happened to your bike? Your bike now does what? It's what's the problem?

[00:04:40]>> So So all of these electrical relays got fried.

[00:04:44]>> Okay.

[00:04:44]>> Uh when you know when while >> to the tune of many thousands of dollars >> their fault because of the way they were changing the battery. Do you have any any evidence to back up what because you're not a mechanic. So the >> Exactly. I'm not a mechanic. I wasn't there. Do you have anything from someone who is qualified to make that proclamation that it's as a result of putting the left one on and not the right one?

[00:05:07]>> Well, I mean, I have the manuals.

[00:05:09]>> Does it say that?

[00:05:10]>> It's It says here in bold type in a box with an exclamation mark at the end, it is essential to disconnect negative positive cables in the correct order.

[00:05:25]>> Okay. But it doesn't tell us there what the consequence.

[00:05:28]>> No, it does not say what the consequence is. And here's an here are two other manuals that have instructions.

[00:05:35]>> This is a photo. This is a photocopy of what the >> That's the BMW owner's manual.

[00:05:41]>> Okay. What's going on?

[00:05:43]>> Hello. Uh, basically exactly what he said. When the bag came in, there were there was no power to it. So they come in and he asks us for a new battery. So he says, "Here's the book." And we're like, well, we really have put many batteries on a BMW fort. We don't really need the book.

[00:06:02]>> As soon as the battery comes in, which is a pretty big clunky battery.

[00:06:06]>> Wait, it comes in when?

[00:06:07]>> It comes in like 24 hours after he authorized for us to purchase the battery.

[00:06:13]>> We put the battery in and >> he's not there when you put the battery.

[00:06:16]>> He is not here when >> But he did tell you, "Here's the manual." And you said, "I don't need the stinking manual." That's correct. So, go ahead. So, like I said, we've put many, many batteries on BMWs before, and we've never had this success.

[00:06:29]>> How do you put them in?

[00:06:30]>> Uh, we disconnect what's necessary to disconnect.

[00:06:35]>> How do you disconnect it?

[00:06:36]>> Uh, there's the um fuel injector unit that you have to remove. So, you put the remove the fuel injector unit, you slide the battery into its slot, and then you connect the terminals.

[00:06:47]>> How? What order?

[00:06:48]>> Uh, it sincerely connecting a battery is pretty basic. It doesn't really matter if you plug the positive or the negative first. The reason why they recommend uh the negative first is I'm sorry, the positive first is to short is because it if not there's a short that occurs and a spark that may ignite or a spark that comes up and the worst case scenario in this particular case is that a fuse will be blown. I also have that stated by uh Francis Jordan who is our uh Cliff Cycles and BMW. We do business with them. That's who we buy our parts for.

[00:07:25]And I also asked them if they >> he's a BMW rep.

[00:07:28]>> Uh he Yes, he works at >> Okay. And I saw that email where he says to you the most I would expect is that a fuse would be bought. I wouldn't expect >> possibly and possibly.

[00:07:36]>> But then why does why do they have this in this big box with exclamation points and all that?

[00:07:40]>> Just to prevent the spark.

[00:07:42]>> Because a spark could cause a fire.

[00:07:44]>> A spark can cause a fire. All right.

[00:07:45]Now, so what? So, you put in the new battery and it's making this bad noise.

[00:07:52]>> Okay. It's basically the ignition is not on, the ignition is off and it's the bike is starting to crank. So, it's cranking and there since there's no gas or any power going into the engine, the bike is not starting at which point we and additionally there was no indication that the bike had started previously when it came to the garage. He had indicated that the bike was that the bike the the battery was dead. He states >> the battery dead doesn't mean once you put if battery's dead the solution is you put another battery and then everything's fine. But there's not everything's not fine.

[00:08:26]>> That's as soon as we put the battery in electrical problems started arising. Uh and >> so and he's saying that yeah that's why the electrical problems are your fault.

[00:08:36]And you're saying putting in a battery contrary to how BMW says we should does not cause electrical problems.

[00:08:43]>> That is correct.

[00:08:44]>> All right. Do you have any Did you take the bike somewhere else now?

[00:08:47]>> Uh, yes. I took the bike to BMW BMW of Manhattan and I have >> Did BMW of Manhattan tell you >> they said as soon as you connect those terminals backwards, anything could happen.

[00:08:58]>> Okay. Do you have that in writing?

[00:08:59]>> No, I don't.

[00:09:00]>> Are you KIDDING ME?

[00:09:01]>> ARE YOU KIDDING ME? THAT IS YOUR CASE AND YOU WENT TO BMW OF MANHATTAN and you just want me to trust you that they said that you didn't get that in writing >> because they cannot put it in writing because they weren't there.

[00:09:13]>> No, they don't.

[00:09:14]>> NO, NO, NO. WHAT THEY CANNOT PUT IN WRITING IS WHAT THEY DID CUZ THEY weren't there. IF THEY PUT IN WRITING what you say, which is as soon as you connect these things out of order, this that's what you NEED TO PROVE YOUR CASE.

[00:09:27]>> They would they would not put it in writing.

[00:09:29]>> I'm going to take a recess, folks.

[00:09:30]>> All right.

[00:09:32]Okay. So, if you put electrical wires on improperly on the motor, can it do permanent electrical damage?

[00:09:39]>> Certainly. Oh, yes. No doubt about it.

[00:09:41]Certainly. No. If you do that, it's going to >> Is that right? Can it really get >> ruin the computer and the inside the the motorcycle?

[00:09:48]>> I mean, that's happens a lot. I'm going way in the back. What do you think, sir?

[00:09:51]>> I think it definitely will cause some problems >> on the cartoons. It's always funny. I never I didn't get that going inside the courtroom.

[00:09:58]>> Um, you know, I feel bad for you. That's why I ended up going back there because I even though I I yell at you and I tell you come here prepared and you should come here prepared. I went back and I called the guy from from from the BMW in Manhattan and yeah, he's not only is he non-committal. He says look, it could happen. I have you ever seen it happen?

[00:10:14]No, I've seen the spark thing happen or the fuse that it blew a fuse. I've heard of it happening, but not to the extent of damage that he says there was on his bike. To which I asked, what do you mean that he says there was on his bike?

[00:10:28]Didn't you check the bike? To which he responds, "No, he didn't bring the bike in." So, you actually >> That's not true. I did bring the bike in. Oh, >> according to him, you didn't even BRING THE BIKE IN.

[00:10:38]>> ACCORDING TO GOD, CUZ THIS IS YOUR LAST shot at this BECAUSE YOU HAVE A PROBLEM.

[00:10:42]You have the burden of proving your case. You have to prove that what they did caused three grand in damage. And I need you to be able to prove that. And the way people in your position prove that is they bring me something from their expert that says putting it in in the wrong order causes this problem.

[00:10:59]Okay. Go ahead.

[00:11:00]>> Well, her premise is that all these things were broken before it got to her shop, >> right? Isn't it possible that you know sometimes when you have a 1993 bike that that you know stuff like wears out on the bike, stuff goes wrong, you know, maybe it's not being used for six months and it's not being or four months or whatever it was, maybe just something went wrong and it's not their fault.

[00:11:18]Like are you saying that because it's in their custody if it goes wrong it's their fault regardless of whether they cause they had to have caused it. So we go back to the full circle. Don't we prove to me that what they let the one thing you you know they're doing is putting in a battery. The only thing they could do wrong is put in the battery wrong. Correct. Prove to me that putting the battery wrong could cause these electrical problems to the extent that this bike has. Prove to me that that's what could happen.

[00:11:40]>> Okay. I mean I'm not coming in here saying you know my transmission's broken and it's your fault. These are all electrical problems. She put in a battery. I saw her put in the battery in the incorrect way.

[00:11:53]>> So now prove to me that putting it in in the wrong order, PUTTING IN NOT NEGATIVE TO POSITIVE AND POSITIVE TO NEGATIVE because nobody has said that that's what happened. But putting in negative first and then positive will cause what you're saying as opposed to what she and her rep are saying, the BMW rep, which is it'll cause a fuse. as a f might cause a fuse to go. It might cause a spark, which is dangerous because a spark could cause a fire, but it's not gonna it's not going to mess up all of the electrical on the bike. Her BMW rep says that you don't have anybody saying otherwise. That's where your problem lies. And when I call your BMW because I I I I feel so bad for you that I actually took that step to try to get you your evidence for you. Okay, which I'm not sure is, you know, BUT I'M GOING TO GO AHEAD AND do it BECAUSE YOU SAY JOHN, TALK TO THE GUY.

[00:12:38]YOU'LL SEE. HE'LL SAY EXACTLY WHAT I SAY. AND THEN I FOUND OUT YOU DIDN'T EVEN BRING HIM THE BIKE. AND HIS ANSWER IS, I didn't get to see the bike. IT I'VE ONLY SEEN IT CAUSE a fuse go and I guess I it could cause this problem, but not to the extent of the problems HE'S DESCRIBING OVER THE PHONE. That's not enough. My verdict in this case is for the defendants.

[00:12:57]>> Hold on right there, please.

[00:13:00]So, the ruling goes for the defendant in this case here and the plaintiff steps out here and with what on your mind?

[00:13:06]>> Uh, well, it just goes to show that when you bring your motorcycle or car to a mechanic, you have to prove to them that everything's working. I brought this stuff in. It was working when I brought it in and it came out not working. I don't know what they did to it to make it not work.

[00:13:21]>> So, well, you you Why did you have the pro you you were lacking in evidence?

[00:13:26]You you didn't have that expert you didn't have that expert testimony that >> let's say hooking the battery up wrong would cause all that damage for >> instance. That's the only thing that I saw that they did wrong. I don't know what else they did wrong.

[00:13:39]>> Okay, I'll head right down that way.

[00:13:43]>> All right, step out. All right, you in your case and how come you're rolling your eyes as you come out of the courtroom? uh you know we try to really help uh the defend or the plaintiff in this case to the best of our ability to customer satisfaction and of course it didn't work out but we wish we could have uh helped him out better.

[00:13:59]>> Thank you.

[00:14:00]>> Well wait isn't it kind of odd to have a a woman and in you know running that business of motorcycle repairs? It seems seems odd. No >> I don't think so. I think we're better problem solvers as uh neuro neurosurgery has uh proven. Thank you >> Army. Okay, this is why getting an expert in cases like this is so important. You can't prove your case on a theory. You have to show cause and effect in order to win. And that will do it for this case litigance for the next case on the way into the courtroom right now.