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Toyota to pay $11 million after trial for fatal Camry crash

Years after Toyota's unintended acceleration fiasco, the company is still making headlines for cars with sticky gas pedals. A federal jury in Minnesota decided yesterday that Toyota should pay $11 million for its role in the crash of a 1996 Camry that resulted in three deaths and sent a man to jail. A stuck pedal caused the Camry of Koua Fong Lee to accelerate uncontrollably and impact an Oldsmobile Cutlass Ciera, killing its driver and his nine-year-old son, and paralyzing a six-year-old girl, who later died of her injuries. Two other passengers in the Olds were seriously injured. Lee spent nearly three years in prison on a charge of vehicular homicide, until the unintended acceleration recall erupted. He filed a motion for a new trial and won, and then joined the suit against Toyota filed by the victims and their families of the 2006 crash that left him imprisoned. The jury found Toyota 60 percent responsible for the accident, with the remaining 40 percent of blame going to Lee. Toyota has denied that the 1996 Camry, which wasn't included in the company's sweeping accelerator pedal recalls, was at fault. Toyota released a statement saying the company respects the jury's decision but believes the evidence clearly showed the vehicle wasn't the accident's cause. The company said it will study the record and consider its legal options. Under Minnesota law, the way the jury allocated fault means Toyota is responsible for paying all damages, minus 40 percent of the amount awarded to Lee, said Lee's attorney, Bob Hilliard. That brings Toyota's total liability to $10.94 million. Lee will receive $750,000 of that total. During the trial, Hilliard, told jurors there was a defect in the car's design. He said the Camry's auto-drive assembly could stick, and when tapped or pushed while stuck, it could stick again at a higher speed. He also accused Toyota of never conducting reliability tests on nylon resin pulleys that could be damaged under heat and cause the throttle to stick. "This is what makes the car go. This is what turns it into a torpedo, a missile, a deadly weapon," Hilliard said during his closing argument. Toyota said there was no defect in the design of the 1996 Camry. The company's attorney, David Graves, suggested that Lee was an inexperienced driver and mistook the gas pedal for the brake. Toyota also noted that Lee's car was never subject to the recalls of later-model Toyotas.

Toyota settles first wrongful death suit related to unintended acceleration

Toyota's sales seem to have rebounded from the unintended acceleration issues from 2009 and 2010, but the automaker is far from done dealing with this situation. Following a settlement worth up to $1.4 billion for economic loss to affected vehicle owners, Toyota has settled rather than going to trial in a wrongful death lawsuit stemming from an accident in Utah in 2010 that left two passengers dead. This isn't the first case in which Toyota has settled, but it was the first among a consolidated group of cases being held in Santa Ana, CA.
According to The Detroit News, this case was scheduled to take place next month, and it was for a November 2010 incident in which Paul Van Alfen and Charlene James Lloyd were killed in a Camry when, based on findings by the Utah Highway Patrol, the accelerator got stuck causing the car to speed out of control and hit a wall; the terms of the settlement were not announced.
The article says that while Toyota will settle on some cases, it doesn't plan on settling on all of them as it still wants to be able to "defend [its] product at trial." This will probably be the case in suits claiming that software for the drive-by-wire accelerator was the cause of an accident in a Toyota or Lexus vehicle. The question of whether or not the electronic accelerator played any role in this problem has been a hot-button topic since the beginning. Toyota has issued recalls in the past to attempt to prevent unintended acceleration caused by trapped floor mats and faulty accelerator pedals, but it also says driver error was to blame in some instances.

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Discussion Topics for Autoblog Podcast Episode #329
Subcompact sales slump, yet again