Products Liability Law Reporter

Harold Morris and Pamela Sinclair were riding on a 2019 Harley-Davidson Tri Glide Ultra motorcycle when its brakes locked suddenly, causing it to swerve off the roadway and go down an embankment. Harley-Davidson Motor Co. Group, LLC, later authorized a recall of certain 2019-2020 Trike motorcycles for defective traction controls. Morris took his motorcycle to a dealership for updates and repairs related to the recall.

The following year, Morris and Sinclair were riding on the motorcycle when it again malfunctioned unexpectedly, swerving and striking an embankment. Sinclair suffered fatal injuries. She is survived by her adult daughter and grandchild. Morris, 75, suffered a mild traumatic brain injury, a collapsed lung, and multiple fractures.

Sinclair’s estate and Morris sued Harley-Davidson Motor Co. Group, LLC, alleging defective manufacture and design and failure to warn. The plaintiffs claimed that the motorcycle suffered a software and hardware malfunction and that its sensors were not transmitting correct data at the time of the collision.

The jury awarded over $287 million, including $240 million in punitive damages.

Citation: Morris v. Harley-Davidson Motor Co., Nos. 000403/2022, 000354/2021 (N.Y. Sup. Ct. Livingston Cnty. Aug. 13, 2024).

Plaintiff counsel: Paul Edelstein, Arthur Blyakher, and Daniel Thomas, all of New York City.