Motor Company, Stan’s Harley-Davidson’s in Batavia, and Robert Bosch recently came under fire in a lawsuit filed by a Batavia man over a fatal motorcycle accident that happened last year. According to the lawsuit, Harold Morris went for a motorcycle ride 11-months-ago with his partner, Pamela SinClair of Caledonia. They were riding a 2019 Harley-Davidson trike motorcycle when it allegedly malfunctioned, “left the roadway, struck an embankment, and overturned, killing SinClair.”When commenting on the incident, Morris said, “It’s my biggest thought is loss…I want to make sure nobody else goes through it.” He added, “I was in the hospital out of Erie, PA for four weeks…I don't remember a thing. Absolutely no memory from the accident.” Of SinClair, Morris said, “She was a very generous, caring woman who really loved the family, loved to travel with me and just enjoy life.”

Gavel with law books; image by wp paarz, via Flickr, CC BY-SA 2.0, no changes.

According to Paul Edelstein, the attorney representing Morris, the motorcycle trike was purchased in December 2018 at Stan’s in Batavia. Two months later, it malfunctioned and caused the first of two accidents. Fortunately, neither Morris nor SinClair were injured in that particular incident. In 2019, the suit claims a “safety recall was put out from Harley Davidson regarding the trike's traction control software, manufactured by Robert Bosch LLC, which could cause activation of the rear brake, leading to an unexpected change of direction.” Edelstein added:“We do not have an answer from Harley-Davidson as to what happened in this case…We believe we know the answer. We filed a complaint that lays out the allegations but we think they know everything. We also think there are a lot of people out there that may have more information there was more than 12,000 of these trikes put on the market and we don't know everybody else who may have had the same experience Harold has.”Morris took his motorcycle in shortly after the 2019 recall was issued with “a claim for them to pay the medical bills from the first accident.” Edelstein said:“Harley-Davidson’s attorneys said, ‘not our problem we don't think it had anything to do with this recall’…And they gave him back the trike. Unfortunately, a few short months later the exact same situation happened again.”Unfortunately, the second accident was fatal and Morris, a rider for 40 years, said he “has not gotten back on one since the accident.” He added that he hopes his lawsuit brings about change and said:“I hope for all of the parties involved to accept the responsibility and to make sure none of their other customers experience the same problems, difficulties tragedy that myself and the SinCair’s have.”In response to the lawsuit, an attorney for Stan’s Harley issued the following statement:“Stan’s Harley-Davidson has been providing countless customers with quality service since they first opened their doors in 1958. Stan’s Harley-Davidson stands behind the service they provided Mr. Morris. We will not try this case in the media and feel that plaintiff counsel’s efforts to do so create a disservice to his client, all parties, and the community of jurors.”

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