Mitchell company sues NASCAR driver Clint BowyerKlock Werks seeks money for motorcycle customization; Bowyer says he agreed only to do promotions.
By: Chris Mueller, The Daily Republic
A Mitchell-based motorcycle company is suing NASCAR driver Clint Bowyer. Klock Werks Kustom Cycles is alleging Bowyer, 32, failed to pay $30,788.45 for the customization of a motorcycle conducted by the company in late 2008 and early 2009.
In its complaint, dated Nov. 23, 2011, and filed May 2 with the Davison County clerk of courts, Klock Werks says Bowyer contacted the company on or about Nov. 11, 2008, and hired it to customize a 2009 Harley-Davidson motorcycle. After the work was performed at Klock Werks’ Mitchell facility, it was delivered to Bowyer in Daytona Beach, Fla., on or about Feb. 15, 2009, the date of the 2009 Daytona 500 NASCAR race.
Bowyer test-drove the motorcycle and requested it be delivered back to Mitchell for further alteration, the complaint claims. After the additional work was completed, Klock Werks redelivered the motorcycle on or about April 17, 2009, this time to the Richard Childress Racing facility in Lexington, N.C.
Bowyer drove for Richard Childress Racing at the time of the alleged events, but recently signed with Michael Waltrip Racing for the 2012 season.
According to the complaint, Klock Werks is seeking $30,788.45 for the work, plus 18 percent interest annually since the job was completed. In addition, the company is asking Bowyer to pay its attorney’s fees and other court-related expenses.
In Bowyer’s answer, which has not been officially filed but was obtained Wednesday by The Daily Republic, he denies he agreed to pay money for the bike. Instead, Bowyer says he agreed to provide Klock Werks with “certain promotional services and special accommodations within NASCAR and related publications.” Bowyer then claims he fulfilled that obligation, barring Klock Werks from any further compensation.
Bowyer also claims South Dakota’s court lacks personal jurisdiction over him. Court documents show Bowyer resides in Welcome, N.C.
Bowyer’s answer was prepared by his attorney, Steve Sanford, of the Sioux Falls law firm Cadwell, Sanford, Deibert and Garry, and served on April 26.
Klock Werks’ attorneys, Jack Theeler and Dustin Ludens, of the Mitchell law firm Morgan Theeler, declined to comment on the ongoing litigation when contacted Wednesday by The Daily Republic.
Bowyer has appeared in 227 NASCAR Sprint Cup Series races in eight years, recording five wins and 100 top-10 finishes. He was the 2008 NASCAR Nationwide Series champion.