This is the downside to vehicles depending so much on software (article at bottom). You’d have to wonder why software was controlling the brakes, unless this was related to cruise control, stability control or advanced and adjustable anti-lock brakes. I’m not that fond of the drive by wire systems, though they do use the throttle control by computer for some nifty features like adjustable ride modes and traction control, though reviews of motorcycles often highlight shortcomings in off and on throttle response. Consequently, H/D would not be a manufacturer I’d trust for advanced software features.
https://nydailyrecord.com/2024/08/14/jury-awards-290m-in-lawsuit-against-harley-davidson/
In this Sunday, Oct. 20, 2019, file photo, the company logo hangs over the entrance to a Harley Davidson dealership in Littleton, Colorado. (AP Photo/David Zalubowski, File)
By: Bennett Loudon
A state Supreme Court jury in Livingston County has awarded a total of about $290 million to the plaintiffs in a product lawsuit against the Harley-Davidson motorcycle company.
The award includes $120 million in punitive damages to Harold E. Morris and $120 million in punitive damages to the estate of his deceased longtime partner Pamela SinClair.
The jury also awarded additional money for pain and suffering, loss of enjoyment of life, medical expense reimbursement, future medical reimbursement and future pain and suffering.
Money also was awarded to SinClair’s family.
Morris was seriously injured, and SinClair, his longtime girlfriend, was killed, by a malfunctioning Harley Davidson three-wheeled motorcycle.
“Small town justice was served on a big-time corporation,” Morris ‘s attorney, Paul Edelstein, said in a news release.
Harley-Davidson is represented by Steven R. Hamlin, and Thomas Shea Lane, of Webster Szanyi LLP, in Buffalo.
The trial before Justice Craig J. Doran started with jury selection on May 21, but soon postponed until July 22 because a key expert had medical issues.
In October 2018, Harley was notified that software used on the trike activated unexpectedly and cause the vehicle to veer off its intended course and crash, according to the complaint.
In December 2018, Morris bought a 2019 three-wheeled Harley-Davidson motorcycle for $36,949.
On Feb. 18, 2019, Morris was driving the motorcycle in Florida when it “suddenly, inexplicably and unexpectedly, and without warning malfunctioned,” according to the complaint.
The brakes locked, causing the motorcycle to swerve into the opposite lane, off the road, and down an embankment.
SinClair, who was Morris’s passenger, was seriously injured and the motorcycle was severely damaged.
Morris took the motorcycle to be repaired. He got it back on May 10, 2019, and the repairs cost $25,000.
In November 2019 Harley-Davidson recalled some 2019 and 2020 model motorcycles, including Morris’s, with a software problem.
On Dec. 3, 2019, Morris received a recall notice from Harley-Davidson for his motorcycle. On Dec. 16, 2019, Morris filed a claim with the Harley-Davidson customer service department seeking reimbursement of $53,000 in medical bills related to the Feb. 18, 2019, accident.
On Dec. 17, 2019, the Harley-Davidson customer service department contacted Morris and asked for information and documentation about the crash, which Morris provided.
On the same day, Morris took the motorcycle to the shop for the service recall. The motorcycle was returned to Morris on Dec. 19, 2019.
On Jan 29, 2020, Morris received a letter from Harley-Davidson denying his claim for medical bill reimbursement.
On June 6, 2020, Morris was driving his motorcycle in Pennsylvania with SinClair as a passenger when the motorcycle “again suddenly inexplicable, unexpectedly and without warning malfunctioned and failed, causing the vehicle to swerve into the opposite lane of travel and off the roadway where it struck an embankment,” according to the suit.
Morris suffered serious injuries. Sinclair was killed.
The lawsuit claims the motorcycle was “defective and unreasonably dangerous because the product malfunctioned and catastrophically failed.”