Harley Davidson on the Hook for $287 Million in Deadly Three-Wheeler Crash

What Happened?

June 2020 Crash

While driving his 2019 model Harley-Davidson Trike-Tri Glide Ultra motorcycle in Hamlin Township, Pennsylvania in June 2020 Harold Morris’ Harley suddenly malfunctioned.

The three-wheeler suddenly veered across the oncoming traffic lanes, off the road, and into an embankment. Morris, a New York resident who bought the bike in 2018, suffered life-threatening injuries in the June 2020 accident. His passenger and life partner Pamela Sinclair did not survive the crash.

February 2019 Crash

Astoundingly, this was not the couple’s first non-driver-caused crash on the Harley. On a ride in Florida in 2019 in an eerily similar accident the motorcycle “suddenly, inexplicably and unexpectedly, and without warning malfunctioned,” crashing into an embankment. The accident damaged the bike, which Morris had repaired.

Three-Wheeler Recalled

In November 2019, after Morris’s first crash, Harley-Davidson recalled several 2019 and 2020 motorcycles. Harold’s three-wheeler was among the bikes recalled due to a software problem. Robert Bosch LLC of Farmington Hills, Michigan manufactured the recalled component.

Within a few weeks of getting the recall notice, Morris had his Harley serviced to correct the announced software defect. Believing the problem was fixed, Harold and Pamela headed out again on the Harley in 2020, culminating in the June 2020 crash.

Lawsuit

Morris and Sinclair’s children filed a lawsuit against Harley-Davidson and Bosch, claiming the motorcycle was “defective and unreasonably dangerous because the product malfunctioned and catastrophically failed.”

The plaintiffs alleged that Harley-Davidson was on noticein October 2018 that the motorcycle’s software “activated unexpectedly and caus[e] the vehicle to veer off its intended course and crash.” Mr. Morris bought his bike in December 2018.

In a 2019 lawsuit after the first crash, Morris maintained that Harley-Davidson and Robert Bosch were each “negligent in failing to timely, adequately and properly notify, warn, and instruct consumers and members of the public” about the defective motorcycle.

The Verdict

After a four-week trial the New York jury issued a verdict totaling $287 million. The fact-finders awarded Harold Morris $120 million in punitive damages and the same amount in punitive damages to the estate of Pamela Sinclair.

Additional approximate compensation for the plaintiffs included:

• $17 million to Morris for past and future medical expenses
• $19 million to Morris for past and future pain and suffering
• $6.5 million to Sinclair's adult daughters for loss of consortium

Paul Edestein, who along with Arthur Blyaker of The Edelsteins Faegenburg & Brown LLP represented Morris, said, “[S]mall town justice was served on a big-time corporation.”

Harley-Davidson’s counsel was Mark A. Kircher and Sara P. Scullen of Quarles & Brady LLP and Charles E. Graney of Webster Szanyi LLP. Kircher commented, “[A]ll I am authorized to tell you is that Harley-Davidson respectfully disagrees with the verdict and is planning to appeal.”