Tag: Lawsuit

Recently, however, the awarded sum was drastically reduced—by over $209 million—by the State Supreme Court judge who oversaw the trial.

Justice Craig J. Doran declined Harley’s request to dismiss the entire verdict but acknowledged in a decision shared with The Buffalo News that the jury’s damages were excessively high.

Evidence presented during the trial indicated that Harley “understood there was a defect” linked to a June 2020 incident that resulted in the death of Pamela SinClair from Batavia and the severe injury of her partner, Howard Morris, as ruled by Doran.

The judge stated that Morris and the SinClair family are still entitled to receive a total of $79 million. However, until all appeals are resolved— which may take months or years—plaintiffs will not receive any funds, as per their attorneys.

At the time of the crash, Morris, aged 79, was operating a three-wheeler Harley, with 62-year-old SinClair as his passenger when the vehicle went off the road and crashed in Hamlin Township, PA, approximately 35 miles southeast of Olean.

“The trial evidence confirmed that Harley-Davidson marketed a product with error codes, aware of a defect related to the rear wheel speed sensor that caused an unexpected change in direction and was cognizant of a traction control problem…yet failed to withdraw the product from the market,” Doran noted.

However, the judge sided with Harley’s defense lawyers who argued that the financial awards from the jury—including $240 million in punitive damages—were unjustified and overly punitive.

The jurors initially granted $120 million each in punitive damages to Morris and SinClair’s family. Doran later reduced these amounts to $40 million for Morris and $24 million for SinClair’s family.

Jurors also allotted $36 million to Morris for pain, suffering, and medical costs; the judge cut this figure to $10 million.

Similarly, the SinClair family was granted $12 million for their pain and suffering, which the judge reduced to $4.85 million.

Harley’s corporate spokesman in Milwaukee and attorney Mark A. Kircher, who led the company’s legal representation during the trial, did not respond to inquiries made by The News.

The motorcycle manufacturer has submitted an appeal notice to the court.

“All I can tell you is that Harley-Davidson respectfully disagrees with the verdict and intends to appeal,” Kircher stated to The News in August.

Throughout the trial, Harley’s defense claims denied that any vehicle defects played a role in the accident, instead questioning Morris’s driving skills.

Morris expressed his “frustration and disappointment” regarding the judge’s decision to reduce the jury’s financial awards, according to his attorney, Paul J. Edelstein.

“Howard is extremely frustrated with the laws in New York state. The judge followed the state law’s standards,” Edelstein shared. “Harley has initiated an appeal, making the timeline uncertain, and hopefully it won’t take years. The lawyers at Harley know my client is elderly, making time a crucial factor against him in this case.”

There remains the possibility of a settlement between Harley and the plaintiffs, which would negate the need for extended legal disputes, Edelstein added.

Daniel A. Thomas, representing the SinClair estate, conveyed understanding of the judge’s rationale in adjusting the awards.

“But I also feel that the trial was equitable, and the jury’s decision should stand without being altered,” Thomas mentioned to The News.

Despite the more than $200 million reduction, “I still believe this is a substantial amount that conveys a strong message to Harley-Davidson,” Thomas remarked.

It is common for judges to revise the damages awarded by juries when they have determined the amounts were excessively high.

A recent case involved acting State Supreme Court Justice Mark J. Grisanti who lowered a jury’s $100 million verdict for the family of Richard Metcalf Jr., an inmate who died in 2012 in the Erie County Holding Center, down to $20 million after defense arguments highlighted the initial amount as “excessive.”

Founded in Milwaukee in 1903, Harley-Davidson is one of the most recognized motorcycle brands worldwide, and they vigorously defended their reputation during the trial.

Morris is a former president of the Harley Owners Group, commonly referred to as HOGS, in Batavia. He indicated his passion for riding Harleys for many years, frequently traveling with SinClair across the United States. They both resided in the Town of Caledonia, around 17 miles east of Batavia.

“We were aware of the challenges ahead. People have enormous faith and trust in this brand, to the extent that some even tattoo the Harley-Davidson logo on their bodies,” Thomas said.

Records indicate that both Morris and SinClair encountered two separate injury incidents while riding Harley three-wheelers. They sustained injuries in 2019 when one of their cycle’s rear wheels abruptly engaged the brakes, causing the vehicle to spin and crash into a wooded area in Florida, as detailed in court documents.

“We were riding on a straight, clear highway when the bike unexpectedly veered left. We left the road, and the Harley flipped over, throwing us off,” Morris recounted to The News. “Pam sustained a broken hand and ankle.”

Shortly after the Florida accident, Morris received a recall notice from Harley regarding the traction control software for the three-wheeler, according to the attorneys representing Morris and the SinClair estate.

“The recall was initiated after numerous complaints from Harley customers nationwide concerning similar issues with their trikes’ software. Mr. Morris took the vehicle in for servicing and was assured by Harley that it was safe to ride. Just months later, the fatal accident transpired,” the plaintiffs’ attorneys stated.

During the trial, Morris testified that he could not recall any details regarding the accident that led to SinClair’s death in June 2020. His memories only returned after 10 weeks of medical and rehabilitation treatment.

“I was in a rehabilitation facility when they informed me of Pam’s death,” Morris told The News in August. “I was in shock.”

Throughout the trial, Harley’s legal team raised several questions about Morris’s motorcycle driving skills. Kircher pointed out that while Morris was an experienced two-wheeled motorcycle rider, he was “relatively new” to operating three-wheelers when the two incidents occurred.

Controlling a three-wheeled Harley differs significantly from a two-wheeler, Kircher explained to the jury.

“Rider error is the leading cause of single-vehicle motorcycle accidents,” Kircher told jurors.

“For over four years, Harley-Davidson has insisted that both accidents were solely Harold’s fault, which we knew not to be accurate,” Edelstein stated post-trial.

Jurors concluded that Harley-Davidson was responsible for SinClair’s death and Morris’s injuries. Edelstein and Thomas expressed confidence that the nearly $288 million award ranks among the largest ever given in a product liability case in Western New York.

“One of the primary factors in my decision to purchase the three-wheeler was its advertising as a safer and more stable mode of travel,” Morris said after the jury’s decision.

Thomas mentioned that the SinClair estate is represented by a daughter and grandchild of Pamela SinClair.

As they await further case developments, potentially spanning months or years, the SinClair family and Morris find a silver lining. Thomas noted, “Once the judge finalized the awards on January 10, the judgments started accruing interest at nearly $20,000 per day, with compounding each day, including weekends and holidays, until the litigation concludes.”