GENESEO, N.Y. (WROC) — A Livingston County man is filing a civil lawsuit against Harley-Davidson and a dealership in Batavia after his girlfriend died in a motorcycle accident on a trike he believed to be fixed after a recall.
Harold Morris describes his long-time companion Pamela SinClair as a very generous, caring woman who loved her family, traveling, and life. She died in a motorcycle accident last June. The motorcycle malfunctioned, went off the road, and overturned, killing SinClair and injuring Morris.
Morris is now suing Harley-Davidson and the dealership in Batavia where he bought the trike. Morris’ lawyer, Paul Edelstein, said this isn’t the first time the trike malfunctioned.
“In 2019 the exact same thing had happened to Harold where the trike acted in a way it shouldn’t have. The trike went off the road and Pamela was injured and so was Harold,” Edelstein said.
He said after that accident, Morris brought the trike to the dealership in Batavia and they fixed it. He said shortly after, Harley-Davidson issued a recall for 12,000 2019 Harley-Davidson FLHTCUTG Trike-Tri Glide Ultra motorcycles, regarding the control system responding incorrectly to the wheel speed sensor by activating a rear brake. This is the same trike Morris owned that malfunctioned during the accident.
The lawsuit says Morris brought it to the dealership again and the recall was supposedly addressed. Morris then filed a claim with Harley-Davidson, asking them to cover the medical bills in connection to the first accident. According to the lawsuit, Harley-Davidson formally denied the claim, saying there was no evidence the motorcycle experienced the recall condition.
The second accident happened a few months later, killing his girlfriend. Morris filed another complaint asking what happened and how it could be prevented. He said 11 months later, he hasn’t heard a word from Harley-Davidson regarding the second accident.
Morris said he is now suing Harley-Davidson in hopes of them taking responsibility, but mostly to raise awareness and prevent this from happening to anyone else.
Morris and edelstein encourage anyone who had a similar experience with this trike to come forward.
News 8 reached out to Harley-Davidson for comment and a spokesperson said they don’t comment on pending litigation.