A Camp County couple are suing over claims their motorcycle did not come with adequate safety features.
Mark and Pamela Jones filed a lawsuit June 16 in the Marshall Division of the Eastern District of Texas against Harley-Davidson Inc., citing product liability.
According to the complaint, Mark Jones was driving and his wife, Pamela, was a passenger on their 2012 Harley-Davidson Electra Glide Classic on July 6, when a car cut in front of the plaintiffs on Texas Highway 271 in Mount Pleasant, forcing Mark to engage the front and back brakes of the motorcycle in an emergency stop.
Mark says the motorcycle's wheels locked up, causing the bike to fishtail, and then pitch in the opposite direction, flinging both passengers some distance.
The complaint states Mark Jones suffered skull fractures, broken bones and a severe brain injury, and Pamela Jones suffered a skull fracture, brain injury, a spleen injury and a shattered elbow.
According to the complaint, the motorcycle did not come with an anti-lock braking system and Harley-Davidson failed to offer that additional safety feature as an option when the couple purchased the motorcycle.
Harley-Davidson is accused of strict product liability, failure to warn/marketing defect and negligence.
Mark and Pamela Jones are seeking more than $75,000 in damages.
They are being represented in the case by attorneys Nelson Roach and Trey Duck of Nix Patterson & Roach LLP in Daingerfield.
Eastern District of Texas Case No. 2:14-cv-00694-JRG-RSP
This is a report on a civil lawsuit filed in the Eastern District of Texas. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.