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If you haven’t heard of the motorcycle rider who is suing BMW and Corbin seats for causing a lasting erection, then you have likely been living under a rock for the past few days. First reported by Courthouse News, the story has swept the pages of motorcycle blogs around the world, and has even garnered serious mainstream media attention. There is a reason this story is going viral, right? Our inner-child loves a good dick joke, and the setup on how a motorcycle has made a man erect virtually sells its comedic self. There is of course the “damn lawyers” angle as well, which makes for a nice one-two punch.

As you can imagine, the bulk of the commentary, both from readers and from professional journalists, has centered around the absurdity of the claim, with even jokes being offered about how an aged BMW rider should be thanking the German motorcycle brand for saving him money on Viagra, etc. The situation reminds me of the McDonald’s hot coffee lawsuit. You know the story, right?. A woman buys a cup of coffee at McDonald’s, spills it on herself while in the car, and sues the bastards for her incompetence. True to litigious American form, the unthinkable happened, and a jury awarded this gold-digging woman millions of dollars. It is repudiating, and it stands for everything that is wrong with the legal system, or so we would be lead to believe — especially by the media.

As I sat back this weekend and watched the comments flood in about the story, I realized that we the media (myself included) have done a huge disservice to the public at large — an act I thought I would never do. We offered up this story to mass consumption knowing full well the headline chasing/link-baiting were we about to commit. You see, I know a thing or two about the McDonald’s coffee case, and how that story was pitched by the media. Sitting in my first-year torts class in law school, our professor baited his trap and we walked right into it when he offered up the same premise as I have done above. How dare someone sue over some spilled coffee! How dare this man sue for an erection! Whether or not the seat caused it even!

The photo you see above is of Stella Liebeck, the 79-year-old grandmother who spilled 190°F coffee on herself while in a parked car, and suffered third-degree burns on her thighs, pelvic, groin, and genitalia. If that photo shocks and offends you, then I have made my unapologetic point. But what is truly shocking is the full-story behind Stella’s injuries and “frivolous” lawsuit. I have republished the account of her story after the jump, but hopefully it sheds a different light on the plight of our BMW rider, who claims to have had painful, uncomfortable, year-long lasting erections.

While we are excited and anxiously awaiting the AGV PistaGP helmet, one American helmet manufacturer is less-than-thrilled with the Italian company’s latest offering: Del Rosario. A small boutique firm based out of New York, Del Rosario’s aim was to bring to market helmet designs that were “caught up to the rest of the industry.” Showing off a number of CAD renders since its inception, Del Rosario has clearly missed its late-2011 shipping date, and as far as we can tell, has not actually produced any physical prototypes or finished models.

Getting a fair bit of press and then falling off the radar, Del Rosario is back in the limelight as the company sent a worded warning to AGV through its corporate Facebook page. According to a message posted by Del Rosario on its social media portal, one of the company’s former advisors showed AGV Del Rosario’s stylebook, and now three years later the PistaGP has emerged with a shell design that has some obviously similar characteristics to Del Rosario’s renders.

I ride bikes for a living, in case you didn’t know this already. I ride more miles on two wheels in a year, than the average American does in their automobile (I put more four-wheel miles down a year than the average American does as well, if that gives you any idea how much of Asphalt & Rubber is written while on the road). With all this riding, I’ve become increasingly concerned over my hearing, as I’d like still to have it when I’m older. Thus for my own personal benefit, I’ve been trying out the different kinds of ear protection that are available to motorcyclists, as well as a variety of helmets from manufacturers (articles surely to ensue).

So when the Journal of the Acoustical Society of America published a study titled “Aeroacoustic Sources of Motorcycle Helmet Noise” in which the various frequencies and decibel levels of helmet-generated noise were measured and tested, I became very interested in the study’s findings. Bear in mind I’m a staunch believer in helmet laws and riding with a full-face helmet (my apologies to the Libertarians in the group), so when the study suggested that my two main concerns regarding my head may be at odds with each other, it piqued my interest.

Some tragic news with a twist comes to us from the long holiday weekend, as we get word that a helmetless rider from Onondaga, NY died after crashing his 1983 Harley Davidson motorcycle during a protest rally.

Though it’s always unfortunate when we lose a member of the motorcycle community, this story has a bit of irony as we learn that Philip A. Contos was participating in a motorcycle helmet protest when the 55-year-old flipped over the handlebars of his motorcycle, and hit his head against the pavement.

According to the attending physician, and based off the evidence and information at the scene of the accident, Contos would have survived the fall had he been wearing a DOT approved helmet, but instead sadly perished from his injuries.

If you read Asphalt & Rubber regularly, you’ve likely realized that New Jersey isn’t exactly our favorite state. Really, it’s any state that’s not California that gets some loving jabs from us, and even then we have our preferences on where is the best locale in The Golden State. It’s all good fun to us, and we thank the citizens in the rest of the US for playing with to our humors. That being said, New Jersey is rapidly improving its standing here at A&R (recent office polls place it higher than Iowa!), signing into law today a bill that will allow dealers in New Jersey to sell motorcycles on Sunday. Amen.

I love our neighbors to the north, endless outdoor fun, progressive thinking, and an affinity for things of a more “crunchy” nature. But as a 5th-generation Californian, it is ingrained in my head to fear and mistrust the oppressive dictatorship and hate machine the Oregonians run (the California public school system starts this process in the second grade), as they steal children in the middle of the night and brainwash them into Birkenstock-wearing slave labor and questionable physical hygiene boot camps.

So it comes as some surprise that the Oregon State House of Representatives is introducing a bill to allow motorcycle riders, ages 21 and over, the choice of whether they want to ride with helmets or not (an act that misguided tea party wannabes equate with freedom on the open road).

John Ulrich, the man behind both Team Hammer and publication Roadracing World, seems to be content on airing his dirty laundry about rider John Hopkins on the WERA board this week. In his postings, Ulrich accuses Hopkins of keeping secret his hand’s deteriorated condition, and misrepresenting his physical fitness and readiness for the 2010 season. This issue has lead to Ulrich saying he won’t work with Hopkins ever again, despite Ulrich discovering the Anglo-American rider at a young age, and essentially jump-starting his motorcycle racing career.

If true, these acts and omissions could amount to fraud and misrepresentation on Hopkins’ part, and our sources tell us Monster Energy Drink is less than enthralled about Ulrich failing to take proper due diligence before signing the rider.

The AMA has announced its AMA Motorcyclist of the Year, and  the organization that represents all American motorcyclists has chosens Gov. Arnold Schwarzenegger of California for its yearly distinction. Using the award as a platform to denounce the outgoing Governor, the AMA in its announcement chastised Gov. Schwarzenegger for his signing of California Senate Bill 435, which brings EPA noise enforcement standards to the Golden State. We’ve already addressed here at A&R how California’s adoption of this law essentially is a moot point legally, but the AMA’s grandstanding on this issue smacks speaks to a larger issue that goes to the core of the organization.

Clearly unable to self-regulate and educate the very people it is supposed to represent, the AMA is instead more concerned with tar and feathering politicians and governmental agencies for addressing a growing issue that negatively affects the relationship between motorcyclists and the general population. The simple truth is that a small portion of our community feel the need to compensate for their short-comings by running straight-through exhaust pipes that not only annoy normal citizens, but other motorcyclists as well. How is this an issue that 99% of motorcyclists can’t get behind?

While the AMA has some good ideas on how to measure and enforce lower sound levels from motorcycles, the organization’s lack of anything resembling efficacy in getting those provisions adopted should not create an open license to lay the blame on others (well except maybe the MIC, which is just as culpable for this problem as the AMA). While it’s easy to chastise Gov. Schwarzenegger for signing a bill into law, we think the AMA should take a harder look in the mirror on how motorcyclists created this problem for themselves, because in the end we’re the ones that ruined a good thing.

AMA press release after the jump, but for the record we would have given the award to Erik Buell…but hey that’s just our opinion.

What gets rewarded, gets done. That’s a concept I learned on my first day of business school (big shout out to Dr. Denny Gioia). While we were being taught in the context of managing a workforce, it applies just as easily to people in general, for example in a government’s influence over its citizenry. This point was clearly not lost on Kevin Richardson, an American who answered Volkswagen’s call to build a better speed camera for traffic enforcement.

A part of Volkwagen’s Fun Theory experiments, Richardson designed, built, and implemented a sort of speed camera lottery. Ticketing motorists it catches speeding, Richardson’s speed camera also rewards people who comply with the posted speed limit, entering law abiding citizens into a lottery whose pot consists of a portion of the fines collected by speeders caught on the camera. Brilliant! But does it work?

Math can be tough sometimes, especially when it comes to counting, so we can understand the confusion surrounding the news that Erik Buell has recently been awarded a patent for a design that incorporates a motorcycle exhaust system inside the swingarm of the bike (now that’s some engineering). However we have the unpleasant responsibility of saying that this patent is not in fact owned by Erik Buell and Erik Buell Racing, as the filing date and patent assignee information were clearly over-looked by early reports on Buell’s patent.

While the patent was published on October 28, 2010, its was filed by Buell last year (April 24, 2010), well before Harley-Davidson closed the company, and while Erik Buell still worked as a Harley-Davidson employee. As such, the patent is assigned to the Buell Motorcycle Company, whose intellectual property is still owned by Harley-Davidson.

As a motorcyclists in California, we honestly don’t understand how the other 49 states get along without having lane splitting laws on the books, yet that is the case (for now at least). Although recently Texas and Arizona declined to adopt such provisions for their own motorcyclists, our cousins to the north in Oregon are contemplating allowing lane splitting.

Holding an open forum at 6:30 PM tonight in Portland, the Oregon Governor’s Advisory Committee for Motorcycle Safety is considering a recommendation for a lane splitting provision be included in the Oregonian Traffic Code, if public sentiment at the open forum favors such a move.