Harley must pay $287 million for fatal motorcycle accident

He rode a Harley-Davidson all over Western New York, went to California and back three times, and proudly served as president of the Harley Owners Group – better known as the HOGS club – in Batavia.

But a horrific accident on June 6, 2020 near the New York-Pennsylvania border changed everything. Morris was seriously injured and his partner and colleague, Pamela SinClair, was killed.

Morris’ estate and SinClair sued Harley-Davidson, blaming a defect in Harley’s traction control system for the accident.

A Livingston County jury this month found Harley responsible for the tragedy and on Tuesday awarded Morris and SinClair’s estates a total of $287 million in damages. This includes $240 million in punitive damages against the famous motorcycle manufacturer.

Morris’ attorneys said they are confident the $287 million is among the largest — if not the largest — awards ever in a product liability case in Western New York.

“The money is great, don’t get me wrong,” Morris told The Buffalo News on Friday. “But the main reason for the lawsuit was that we wanted to hold Harley-Davidson accountable. I wouldn’t want any other Harley owner to go through what I’ve been through these past four years.”

Morris, 79, is a retired Kodak employee who lives in Caledonia, near Batavia. SinClair, who died at age 62, was also a retired Kodak worker.

They were riding a Harley three-wheeler when it veered off the road and crashed in Hamlin Township, Pa., about 35 miles southeast of Olean.

The attorneys who filed the lawsuit, Paul Edelstein and Daniel Thomas, told The News they believe the jurors are trying to send Harley-Davidson a message with an extraordinarily high award.

“This was a products liability case. We presented evidence showing a lack of accountability on Harley’s part from start to finish,” Edelstein said. “We showed that they took shortcuts to get their three-wheeler out in front of the public and that they weren’t really honest with the public about the problems with the vehicle.”

Harley’s attorneys disputed those charges during the trial in Geneseo, raising questions about Morris’ driving skills.

Based in Milwaukee, the 121-year-old motorcycle company did not respond to emails or a phone message from The News on Thursday and Friday.

Mark Kircher, Harley’s lead attorney during the trial, spoke briefly with a reporter Friday.

“All I am authorized to tell you is that Harley-Davidson disagrees with the verdict and plans to appeal,” Kircher said.

Started in 1903 in a small shed in Milwaukee, Harley makes some of the most popular motorcycles in the world. The company runs a safety training academy for its customers and bills itself as “the world’s most desired motorcycle and lifestyle brand”.

Based on a survey of 25,000 American consumers, Newsweek magazine earlier this year named Harley one of “America’s most trusted companies.”

“We knew what we were up against. People have so much faith and trust in this company that they get the Harley-Davidson logo tattooed on their bodies,” said Thomas, the attorney.

According to court documents, Morris was driving a three-wheeled 2019 Harley Tri Glide, which he said he bought new for just under $40,000.

The accident that killed SinClair was Morris’ second on the Harley three-wheeler.

On February 18, 2019, Morris and SinClair were both injured when one of the rear wheels of the three-wheeler braked suddenly, causing the vehicle to spin out of control and crash into a wooded area in LaBelle, Florida.

“I was driving on a straight, clear highway when the bike suddenly swerved to the left. We went off the road, the Harley overturned and we were both thrown off the bike,” Morris told The News. “Pam was hurt worse than me. He broke his hand and his ankle.”

Shortly after the Florida crash, Morris received a recall notice from Harley regarding the three-wheeler’s traction control software system, attorneys for Morris’ estate and SinClair said.

“The recall comes after Harley customers across the country have complained of similar problems with their trikes’ software. Mr Morris serviced the vehicle and Harley assured him it was safe to operate. The second fatal accident occurred only a few months later,” the plaintiffs’ lawyers said.

Attorneys said Morris did not sue Harley after the first accident, but demanded the company reimburse him and SinClair about $160,000 in out-of-pocket medical expenses.

Harley refused, arguing that the first accident had nothing to do with the problem that led to the recall, the two lawyers said.

“The Harley representative assured me that the bike was fixed and that it was safe and that there would be no more problems,” Morris told The News. “I believed them. I trusted Harley.”

During the trial, Morris testified that he had no recollection of the accident that killed SinClair.

“I don’t remember anything about the accident and I don’t remember anything that happened until about 10 weeks later when I was in rehab and they told me there that Pam had died,” Morris told The News . “I was shocked. Pam was a kind, sweet person…a wonderful partner, mother, sister and grandmother.”

During opening arguments on July 23, Harley’s lead attorney, Kircher, raised questions about Morris’ ability as a motorcycle driver. Kircher told jurors that Morris was an experienced two-wheeled motorcycle rider but was “relatively new” to three-wheeling when he had the two accidents.

Riding a three-wheeled Harley is “much different” than riding a two-wheeled car, Kircher told the jury. He said the Harley owned by Morris underwent extensive safety testing before being sold to the public.

“Driving error is the predominant cause of single-vehicle motorcycle accidents,” Kircher told the jury.

Edelstein and Thomas said they will prove that a problem with the trike’s traction system caused the two crashes.

A police report on the 2019 Florida crash lists a “brake” problem and “equipment failure” as causes. A police report on the fatal crash in Pennsylvania said the vehicle “swerved hard to the left and off the roadway,” but did not speculate on what caused it.

“For over four years, Harley-Davidson claimed that both accidents were Harold’s fault, which we knew was not true,” Edelstein said after the trial. “So the first thing we had to do was exonerate Harold. The second thing was to make sure these horrible events didn’t happen to anyone else. The message sent by this jury was super, super strong. Companies that put out unsafe and dangerous products must and will be held accountable.”

Jurors agreed with the plaintiffs’ attorneys, finding Harley-Davidson liable for SinClair’s death and Morris’ injuries. The jury each awarded $120 million in punitive damages to the estate of Morris and SinClair. Another $47 million was awarded for pain and suffering.

Chris O’Brien, an Amherst attorney who lectures to students and attorneys around the country about personal injury cases, said the jury’s award of punitive damages was very high.

“Those punitive damages could be reduced later by the trial judge or an appellate court,” O’Brien said. “I would think that a jury awarding so many punitive sentences is trying to send a message to Harley … that safety should be the first priority.”

Morris said he and SinClair hoped to spend their retirement years traveling around the country on their Harley, camping and seeing beautiful sights. He said the dream ended with SinClair’s death.

“I haven’t ridden a motorcycle since the second accident,” he said. “I have no intention of ever doing it.”