Appellate Division of the Supreme Court of the State of New York July 27, 1995 (Cramer v. Kuhns)

OPINION OF THE COURT

Crew III, J.

On May 24, 1987, plaintiff was a passenger on a 1982 Harley Davidson Roadster motorcycle operated by defendant Mark W. Kuhns. While making a sweeping left-hand turn at approximately 50 miles per hour, plaintiff and Kuhns heard a scraping sound at which time the motorcycle, instead of continuing the turn, went straight ahead into the guardrail.