Talk about a filthy-rich corporate slob making people's lives miserable. Look no further than admitted-crook Toyota's long-drawn-out battle to have the will of the people thrown out in the tragic case of Koua Fong Lee, the unjustly jailed Toyota driver who spent years in prison until the facts finally came out about Toyota's shoddy products.
It's important to realize that Koua was at a disadvantage throughout the trial.
Yesterday - almost two and a half years after Toyota appealed the jury's verdict - the appeals court ruled unanimously against Toyota, ending yet another inexcusable nightmare for survivors of the horrific crash. A grateful Koua said he wants everyone to know that he was pressing the brakes, not the accelerator.
Toyota has no feelings for their customers or the public, and the dishonest slob loses almost all the time when there's a showdown in court. Of course, Toyota knows this and has become notorious for arranging confidential, out-of-court settlements in an effort to keep their mischief quiet and avoid punitive damage awards when juries are given a close look at the way Toyota does business.
Toyota's bitterness has come through loud and clear ever since the admitted crook lost this case in February of 2015. Meanwhile, much to his credit, Koua has quite admirably gone on with his life.
Wonder whose life Toyota will seek to ruin next.
9/22/2017 update: Bitter Slob Toyota is now asking the appeals court to reconsider its ruling.
6/16/2017 update: Here a link to a great article from Consumer Affairs.
Showing posts with label Koua Fong Lee. Show all posts
Showing posts with label Koua Fong Lee. Show all posts
Saturday, June 10, 2017
Wednesday, September 21, 2016
Driver of runaway Lexus is Toyota's worst nightmare
Update 5/2/2017 - Full throttle, unintended acceleration has now been officially linked to a software defect, no room for doubt. Here's more. So we now know that a faulty DOOR can cause a vehicle to speed out of control whether in drive or park, and the problem hasn't occurred in older models. AMAZING what's revealed when auto-industry-lapdog NHTSA is removed from investigating instances of unintended acceleration. This comes at a time when motorists may FINALLY be catching on to the scam of "driver error," evidenced in this lawsuit against Tesla.
5/4/2017 - As a corrupt, corporate-controlled government turns its back on the public, this just in: Multiple fatalities and injuries re the well-documented, ongoing problem with unintended acceleration in Jeeps. Here's a link to another article. And another with video.
"America is lost The total corruption of every public and private institution is complete. Nothing remains but tyranny. And lies. Endless lies." - Former Assistant Secretary of the Treasury Dr. Paul Craig Roberts, from his 7/3/2016 article, "America Destroyed."
Toyota is such a bully. Such a cheat. Such a liar. Real shame that Americans have come to accept that kinda behavior from corporations.
Azar Hadi is one of the rare exceptions to that rule.
Her Lexus - Toyota's "Flagship" model that first got the sudden unintended acceleration issue headlined in the now notorious Saylor case - sped out of control, crashed, and left Azar with catastrophic injuries. I'll never forget her terrifying account - which she posted on Facebook - of what she encountered:
"As I was coming up to the red light at the intersection, my car suddenly lurched forward. I had to veer to the right to avoid hitting the other cars in front of me that were stopped at the light. I went up over the curb and through the grass and landscaping, terrified about possibly hitting a pedestrian on the sidewalk. I then continued onto the street again with a very high speed and I felt my car went over a median going airborne before crashing into an SUV."
Azar has now had many surgeries and faces many more. But unlike most of Toyota's other victims, Azar has responded based on principle. Instead of buckling under enormous pressure and accepting an out-of-court settlement with a confidentiality agreement designed to protect Toyota, she's determined to have her case decided in court to publicly expose the facts about Toyota's lousy products. Given the potential for headline-grabbin' publicity, a courtroom showdown is the absolute last thing Toyota wants, especially with yet another case involving sudden unintended acceleration in their "Flagship" Lexus. Azar's trial was originally scheduled to start in October of this year, but when Toyota realized Azar wasn't bluffing about taking 'em to court, they recently got the date postponed until January of 2017.
Ever since Toyota lost that landmark unintended acceleration case in Oklahoma back in 2013, the Cover-up King has been desperately trying to quiet things down regarding their ongoing unintended acceleration problems. Meanwhile, crashes pointing to electronically-induced unintended acceleration are a dime a dozen, exemplified by this horrific 6/19/2016 accident involving another Lexus. Out-of-court-settlements featuring confidentiality agreements - complete with Toyota "admitting to no wrongdoing" - have become the Cover-up King's trademark since the corporate bully is usually successful in exploiting the vulnerabilities of its victims. Azar is indeed Toyota's worst nightmare.
Ms. Hadi is one tough lady when it comes to exposing facts relevant to electronically-induced unintended acceleration. In the tradition of Koua Fong Lee - the jailed Toyota driver who heroically went to trial - and won - rather than accept a crooked plea bargain, it looks like Toyota has once again met its match.
Update 9/21/2016 - Just now got word that Toyota has AGAIN postponed Azar's court date, this time to April of 2017.
5/4/2017 - As a corrupt, corporate-controlled government turns its back on the public, this just in: Multiple fatalities and injuries re the well-documented, ongoing problem with unintended acceleration in Jeeps. Here's a link to another article. And another with video.
"America is lost The total corruption of every public and private institution is complete. Nothing remains but tyranny. And lies. Endless lies." - Former Assistant Secretary of the Treasury Dr. Paul Craig Roberts, from his 7/3/2016 article, "America Destroyed."
Toyota is such a bully. Such a cheat. Such a liar. Real shame that Americans have come to accept that kinda behavior from corporations.
Azar Hadi is one of the rare exceptions to that rule.
Her Lexus - Toyota's "Flagship" model that first got the sudden unintended acceleration issue headlined in the now notorious Saylor case - sped out of control, crashed, and left Azar with catastrophic injuries. I'll never forget her terrifying account - which she posted on Facebook - of what she encountered:
"As I was coming up to the red light at the intersection, my car suddenly lurched forward. I had to veer to the right to avoid hitting the other cars in front of me that were stopped at the light. I went up over the curb and through the grass and landscaping, terrified about possibly hitting a pedestrian on the sidewalk. I then continued onto the street again with a very high speed and I felt my car went over a median going airborne before crashing into an SUV."
Azar has now had many surgeries and faces many more. But unlike most of Toyota's other victims, Azar has responded based on principle. Instead of buckling under enormous pressure and accepting an out-of-court settlement with a confidentiality agreement designed to protect Toyota, she's determined to have her case decided in court to publicly expose the facts about Toyota's lousy products. Given the potential for headline-grabbin' publicity, a courtroom showdown is the absolute last thing Toyota wants, especially with yet another case involving sudden unintended acceleration in their "Flagship" Lexus. Azar's trial was originally scheduled to start in October of this year, but when Toyota realized Azar wasn't bluffing about taking 'em to court, they recently got the date postponed until January of 2017.
Ever since Toyota lost that landmark unintended acceleration case in Oklahoma back in 2013, the Cover-up King has been desperately trying to quiet things down regarding their ongoing unintended acceleration problems. Meanwhile, crashes pointing to electronically-induced unintended acceleration are a dime a dozen, exemplified by this horrific 6/19/2016 accident involving another Lexus. Out-of-court-settlements featuring confidentiality agreements - complete with Toyota "admitting to no wrongdoing" - have become the Cover-up King's trademark since the corporate bully is usually successful in exploiting the vulnerabilities of its victims. Azar is indeed Toyota's worst nightmare.
Ms. Hadi is one tough lady when it comes to exposing facts relevant to electronically-induced unintended acceleration. In the tradition of Koua Fong Lee - the jailed Toyota driver who heroically went to trial - and won - rather than accept a crooked plea bargain, it looks like Toyota has once again met its match.
Update 9/21/2016 - Just now got word that Toyota has AGAIN postponed Azar's court date, this time to April of 2017.
Wednesday, February 4, 2015
Manufacturing defect + Koua Fong Lee's account + similar accounts of runaway '96 Camrys = 100% Toyota's fault
It doesn't make sense to hold Koua Fong Lee 40% accountable for the tragic accident that claimed the lives of three people. You can't have it both ways. Either the vehicle had a manufacturing defect in the accelerator assembly or it didn't. The jury ruled that it did, giving credence to testimony given by Lee as well as other drivers who said they had unintended acceleration problems with '96 Camrys. So how on earth did the jury jump from agreeing with the crux of Koua's case to concluding that he was 40% at fault for the accident? It's anybody's guess as to how such a thing happened, and I certainly hope the miscarriage of justice is remedied on appeal.
The entire matter boils down to corroborating evidence of Lee's account of what happened. Fact is, such evidence has been there by the boatload ever since the accident occurred. The penniless immigrant was railroaded from the get go, and the disgraceful spectacle continued throughout his effort to sue Toyota - an admitted crook that deserves to be known as the Coverup King of the automotive industry - for a manufacturing defect.
Koua's lawsuit was stymied at the outset by a ridiculous legal shenanigan which took away his right to claim punitive damages. If anyone ever deserved punitive damages from an automaker, it's Koua Fong Lee, who spent a whopping two and a half years in prison as a consequence of Toyota's now-established manufacturing defect. And don't hand me any nonsense about shifting the blame for Lee's incarceration to Minnesota's sorry excuse for a justice system, then cleverly passing false imprisonment costs along to the taxpaying public. It's time automakers - especially admitted crooks like Toyota - are held accountable to the Nth degree for the consequences - both direct and indirect - resulting from manufacturing defects. Lee was further hamstrung by not being allowed to claim Toyota was guilty of a cover-up. Never mind complaints lodged with NHTSA about unintended acceleration in '96 Camrys. And don't dare to breath a word about the Coverup King - er I mean Toyota - pleading guilty to that federal fraud charge for misleading safety investigators about defective products.
Of course, "Judge Ann" quickly instructed the jury that it couldn't consider Lee's time in prison, nor the automaker's headline-grabbing parade of recalls, some of which resulted in record-setting fines for delays in reporting safety defects. Rounding out the picture, Lee's attorney's plans to present at additional witnesses were also quashed by the ever vigilant "Judge Ann," who kept a watchful eye lest a filthy rich corporate crook - at last count harboring $60 billion just in cash - be treated unfairly. If only folks had the same degree of concern for penniless immigrants and taxpaying citizens...
At one point, the kindly judge even assisted Toyota's attorney during a cross-examination of the hapless immigrant whose "peers" on the jury, I hasten to add, did not include anyone of Hmong descent. But perhaps "Judge Ann's" most notable "assistance" was allowing Toyota to present sworn depositions regarding that crux-of-the-case manufacturing defect. I'm sure the good judge wasn't aware of the fact that it's kinda difficult to conduct a cross-examination of a deposition. No wonder an Associated Press investigation concluded that Toyota uses evasion as a legal tactic. Moreover, according to Lee's lawyer, Toyota spent "tens of millions" of dollars in an effort to "frame" his client.
Don't get me wrong. Given the lopsided advantages granted to Toyota, it's a miracle the jury established that a manufacturing defect did exist, found Toyota 60% responsible for the accident, and awarded $11.4 million to the plaintiffs, $2.2 million of which will go to Lee. For all that, I'm exceedingly grateful. Unfortunately, the fact remains that many lives have been lost and shattered, the tragic nature of which was addressed quite admirably by a downcast and sorrowful Koua Fong Lee immediately after the verdict.
Toyota, there are some things money just can't buy.
Monday, January 12, 2015
Admit it, Toyota: The Camry's sudden surge is what "startled" Koua Fong Lee
Please spread the word: There may be hope yet for folks who were victimized by Toyota regarding the "pre-cat" manufacturing defect in MR2 Spyders.
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Leave it to the attorneys for an admitted crook to try to pull a fast one in court. As Koua Fong Lee's lawsuit got underway, Toyota's attorney tried to fool the jury into thinking that "when Lee took the off-ramp, he was startled (emphasis mine) by many cars in front of him and stepped on the accelerator instead of the brake." The guise is based on a fallacious 1989 "study" by NHTSA - the automotive industry's little lapdog - that blabbers about unintended acceleration events coming about because the driver is "distracted" or "startled."
A common-sense analysis shows how utterly absurd the notion is, especially when applied to unintended acceleration events that happen on highways, when the driver's foot is most assuredly already on the accelerator, as was the case with Koua Fong Lee. What makes NHTSA's much-ballyhooed "study" so ridiculous is the fact that no explanation is offered regarding precisely why a "distracted" driver would respond by pushing more forcefully on the accelerator pedal.
What actually happens is confirmed by electrical engineer Dr. Antony Anderson in his lengthy and highly detailed study of unintended acceleration events. The driver is "distracted" or "startled" by the sudden surge in the vehicle's SPEED. Because the driver's foot is already on the accelerator, it's implausible - indeed, it's ridiculous - to assert that the driver would respond by pressing harder on the accelerator pedal. Such blabber was cooked up by NHTSA and the automotive industry as part of a well-orchestrated effort to dupe the public. As anyone who's driven a vehicle knows, in such a situation the spontaneous response would be to stomp on the brake pedal. And during Koua's appeal for a re-trial, it was demonstrated - by a burnt brake light filament - that he did just that when his 1996 Camry suddenly picked up speed as he exited the highway.
Another issue the NHTSA blabber conveniently avoids is the fact that runaway vehicles are exceedingly difficult - if not impossible - to stop. Consumer Reports' engineers "found that it's difficult to stop some vehicles with a stuck throttle at highway speeds by pressing on the brakes alone." As did highway patrolman Saylor - the doomed driver of the runaway Lexus ES 350 whose screams for help were caught on a 911 recording - Koua too began screaming that he couldn't stop the car.
What's important to bear in mind is evidence galore confirming Coverup King Toyota's dishonest behavior when the now admitted crook argues a case in court. An Associated Press investigation, concluding that Toyota "has routinely engaged in questionable, evasive and deceptive legal tactics when sued" is apparently an understatement.
I'll say it again: Koua Fong Lee still needs all the luck he can get.
Update 1/13/2015 - The burnt filament in Koua's brake light - proving that Koua had his foot on the brake - was spotlighted in yesterday's testimony by an expert witness. Of course, this had already been established during Koua's bid for a re-trial prior to charges against him being dismissed. Nonetheless, it's appalling that such testimony hasn't been headlined by mainstream media.
Update 1/14/2015 - A mysterious pause in Koua's lawsuit took place yesterday, and it's rumored that Toyota is trying to settle the case out of court. If there's anything admitted crook and Coverup King Toyota can't stand, it's the truth, and lots of it has been coming out since Koua's lawsuit started. Nobody should be surprised if wunna Toyota's "confidential" settlements is reached in an obvious effort to shut things up. Bear in mind that Toyota has been in "settlement mode" ever since that landmark unintended acceleration trial in Oklahoma unveiled evidence of electronic defects in the Coverup King's throttle control: "After the Oklahoma verdict, Toyota's (settlement offer) increased substantially." Stay tuned.
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Leave it to the attorneys for an admitted crook to try to pull a fast one in court. As Koua Fong Lee's lawsuit got underway, Toyota's attorney tried to fool the jury into thinking that "when Lee took the off-ramp, he was startled (emphasis mine) by many cars in front of him and stepped on the accelerator instead of the brake." The guise is based on a fallacious 1989 "study" by NHTSA - the automotive industry's little lapdog - that blabbers about unintended acceleration events coming about because the driver is "distracted" or "startled."
A common-sense analysis shows how utterly absurd the notion is, especially when applied to unintended acceleration events that happen on highways, when the driver's foot is most assuredly already on the accelerator, as was the case with Koua Fong Lee. What makes NHTSA's much-ballyhooed "study" so ridiculous is the fact that no explanation is offered regarding precisely why a "distracted" driver would respond by pushing more forcefully on the accelerator pedal.
What actually happens is confirmed by electrical engineer Dr. Antony Anderson in his lengthy and highly detailed study of unintended acceleration events. The driver is "distracted" or "startled" by the sudden surge in the vehicle's SPEED. Because the driver's foot is already on the accelerator, it's implausible - indeed, it's ridiculous - to assert that the driver would respond by pressing harder on the accelerator pedal. Such blabber was cooked up by NHTSA and the automotive industry as part of a well-orchestrated effort to dupe the public. As anyone who's driven a vehicle knows, in such a situation the spontaneous response would be to stomp on the brake pedal. And during Koua's appeal for a re-trial, it was demonstrated - by a burnt brake light filament - that he did just that when his 1996 Camry suddenly picked up speed as he exited the highway.
Another issue the NHTSA blabber conveniently avoids is the fact that runaway vehicles are exceedingly difficult - if not impossible - to stop. Consumer Reports' engineers "found that it's difficult to stop some vehicles with a stuck throttle at highway speeds by pressing on the brakes alone." As did highway patrolman Saylor - the doomed driver of the runaway Lexus ES 350 whose screams for help were caught on a 911 recording - Koua too began screaming that he couldn't stop the car.
What's important to bear in mind is evidence galore confirming Coverup King Toyota's dishonest behavior when the now admitted crook argues a case in court. An Associated Press investigation, concluding that Toyota "has routinely engaged in questionable, evasive and deceptive legal tactics when sued" is apparently an understatement.
I'll say it again: Koua Fong Lee still needs all the luck he can get.
Update 1/13/2015 - The burnt filament in Koua's brake light - proving that Koua had his foot on the brake - was spotlighted in yesterday's testimony by an expert witness. Of course, this had already been established during Koua's bid for a re-trial prior to charges against him being dismissed. Nonetheless, it's appalling that such testimony hasn't been headlined by mainstream media.
Update 1/14/2015 - A mysterious pause in Koua's lawsuit took place yesterday, and it's rumored that Toyota is trying to settle the case out of court. If there's anything admitted crook and Coverup King Toyota can't stand, it's the truth, and lots of it has been coming out since Koua's lawsuit started. Nobody should be surprised if wunna Toyota's "confidential" settlements is reached in an obvious effort to shut things up. Bear in mind that Toyota has been in "settlement mode" ever since that landmark unintended acceleration trial in Oklahoma unveiled evidence of electronic defects in the Coverup King's throttle control: "After the Oklahoma verdict, Toyota's (settlement offer) increased substantially." Stay tuned.
Friday, January 9, 2015
Admitted-crook Toyota granted unfair advantage in Koua Fong Lee's lawsuit
Please spread the word: There may be hope yet for folks who were victimized by Toyota regarding the "pre-cat" manufacturing defect in MR2 Spyders.
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tt was a hoot watchin' Amerika's so-called justice system exposed for the sham it is when unjustly imprisoned Toyota driver Koua Fong Lee appealed for a re-trial. The public unveiling of how Lee's case was handled confirmed the railroading of a penniless immigrant who found himself at the mercy - or lack thereof - of a pervasively corrupt system ramrodded by the incompetent, the uncaring, the politically motivated, and those hapless souls infected with this country's heritage of racism, which got underway with the American Indian. Evidence abounds - including some of the comments on news articles - that folks of Hmong descent best watch their step 'round the "Twin Cities" of Minnesota.
Once the sham of Lee's "conviction" was exposed - amidst picketing outside the courtroom, and a Facebook page committed to seeing Lee released from prison - there was little the good judge could do except free a guy who had beaten the odds when it comes to reversing injustice. And of course, with Lee winning his bid for a re-trial, his politically astute persecutor - er I mean prosecutor - suddenly saw the light and dropped all charges. She knew better than risk another trial, and that's well and good. But how many other "Koua Fong Lees" are rotting away in Amerika's corporate, run-for-profit prisons? How many other unjustly-imprisoned folks are lucky enough to have a conscientious newspaper reporter intervene, round up high-priced attorneys willing to work pro-bono and stick with the case through thick and thin?
So now we come to the Grand Opening of Lee's well-founded-if-ever-there-was lawsuit, not against Toyota, but against admitted crook Toyota. An automaker unparalleled in the annals of automotive history when it comes to lawsuits galore, congressional inquiries, record-setting fines, retaliation against whistleblowers, dirty deals with auto-industry-stooge NHTSA, and the foul-smelling list goes on ad nauseum, topped off by Toyota's guilty plea to a federal fraud charge, accompanied by $1.2 billion worth of payola forked over to a crooked government in exchange for an end to a federal investigation that threatened to blow the lid regarding evidence of electronic defects in Toyota's throttle control.
Whew. Quite a record the ol' Coverup King has established. But not to worry...
Judge Ann gonna make sure corporate-citizen Toyota - at last count sporting a $60 billion pile of cash - isn't treated unfairly by some upstart immigrant who had the audacity to file suit against the Coverup King. First off, that pesky issue of punitive damages - a consideration that's put Toyota in "settlement mode" ever since the Bookout case (see video at bottom) in Oklahoma - had to be dealt with. No problem. Simply rule that Lee isn't entitled to claim such damages. That oughta teach him to confront the likes of Toyota. No tellin' what a jury might do with a case involving a young plaintiff unjustly imprisoned for many years.
And then there's all this fuss about what the jury might be allowed to consider. Ahem. Yes, let's make sure the jury doesn't start thinking about Toyota's never-ending parade of recalls, the congressional inquiry, the fines for delays in reporting safety defects, and for double-dog certain let's not even mention the part about Toyota being an admitted crook. All the jury needs to know for sure, according to Judge Ann, is the fact that Camrys like the one Lee was driving were never part of any of the Coverup King's - er I mean Toyota's - recalls. And that fact provides the absolute perfect opportunity to rule that this pesky immigrant can't argue that Toyota covered anything up. After all, how could any informed person in their right mind entertain the notion that corporate-citizen Toyota might be somewhat less than forthright about acknowledging safety defects? And never mind that a whole slew of people have already testified that they too had been terrorized when their Camrys - just like the one Lee was driving - suddenly sped out of control. Shame on them for having the unmitigated gall to say so under oath, and it must be bothersome indeed that two of Toyota's "Lee-type Camry" victims will testify as part of Lee's lawsuit.
For icing on the cake, let's put some hefty limits on what the jury can hear regarding the horrors Lee experienced during years of unjust imprisonment. Package things up neatly, and blabber that as far as prison time goes, Lee should be compensated not by Toyota, but by taxpayers.
Right, Judge Ann. Let's bend over backwards to make sure this immigrant's lawsuit is conducted fairly for all concerned, especially a taxpaying public that continues to be put at risk by the shenanigans of a crook like Toyota, propped up by the automaker's good friends in Washington - Repukes n Demagogues alike - who deceitfully pose as representatives of the people.
In his courageous efforts to make truth prevail, Koua Fong Lee still needs all the luck he can get.
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tt was a hoot watchin' Amerika's so-called justice system exposed for the sham it is when unjustly imprisoned Toyota driver Koua Fong Lee appealed for a re-trial. The public unveiling of how Lee's case was handled confirmed the railroading of a penniless immigrant who found himself at the mercy - or lack thereof - of a pervasively corrupt system ramrodded by the incompetent, the uncaring, the politically motivated, and those hapless souls infected with this country's heritage of racism, which got underway with the American Indian. Evidence abounds - including some of the comments on news articles - that folks of Hmong descent best watch their step 'round the "Twin Cities" of Minnesota.
Once the sham of Lee's "conviction" was exposed - amidst picketing outside the courtroom, and a Facebook page committed to seeing Lee released from prison - there was little the good judge could do except free a guy who had beaten the odds when it comes to reversing injustice. And of course, with Lee winning his bid for a re-trial, his politically astute persecutor - er I mean prosecutor - suddenly saw the light and dropped all charges. She knew better than risk another trial, and that's well and good. But how many other "Koua Fong Lees" are rotting away in Amerika's corporate, run-for-profit prisons? How many other unjustly-imprisoned folks are lucky enough to have a conscientious newspaper reporter intervene, round up high-priced attorneys willing to work pro-bono and stick with the case through thick and thin?
So now we come to the Grand Opening of Lee's well-founded-if-ever-there-was lawsuit, not against Toyota, but against admitted crook Toyota. An automaker unparalleled in the annals of automotive history when it comes to lawsuits galore, congressional inquiries, record-setting fines, retaliation against whistleblowers, dirty deals with auto-industry-stooge NHTSA, and the foul-smelling list goes on ad nauseum, topped off by Toyota's guilty plea to a federal fraud charge, accompanied by $1.2 billion worth of payola forked over to a crooked government in exchange for an end to a federal investigation that threatened to blow the lid regarding evidence of electronic defects in Toyota's throttle control.
Whew. Quite a record the ol' Coverup King has established. But not to worry...
Judge Ann gonna make sure corporate-citizen Toyota - at last count sporting a $60 billion pile of cash - isn't treated unfairly by some upstart immigrant who had the audacity to file suit against the Coverup King. First off, that pesky issue of punitive damages - a consideration that's put Toyota in "settlement mode" ever since the Bookout case (see video at bottom) in Oklahoma - had to be dealt with. No problem. Simply rule that Lee isn't entitled to claim such damages. That oughta teach him to confront the likes of Toyota. No tellin' what a jury might do with a case involving a young plaintiff unjustly imprisoned for many years.
And then there's all this fuss about what the jury might be allowed to consider. Ahem. Yes, let's make sure the jury doesn't start thinking about Toyota's never-ending parade of recalls, the congressional inquiry, the fines for delays in reporting safety defects, and for double-dog certain let's not even mention the part about Toyota being an admitted crook. All the jury needs to know for sure, according to Judge Ann, is the fact that Camrys like the one Lee was driving were never part of any of the Coverup King's - er I mean Toyota's - recalls. And that fact provides the absolute perfect opportunity to rule that this pesky immigrant can't argue that Toyota covered anything up. After all, how could any informed person in their right mind entertain the notion that corporate-citizen Toyota might be somewhat less than forthright about acknowledging safety defects? And never mind that a whole slew of people have already testified that they too had been terrorized when their Camrys - just like the one Lee was driving - suddenly sped out of control. Shame on them for having the unmitigated gall to say so under oath, and it must be bothersome indeed that two of Toyota's "Lee-type Camry" victims will testify as part of Lee's lawsuit.
For icing on the cake, let's put some hefty limits on what the jury can hear regarding the horrors Lee experienced during years of unjust imprisonment. Package things up neatly, and blabber that as far as prison time goes, Lee should be compensated not by Toyota, but by taxpayers.
Right, Judge Ann. Let's bend over backwards to make sure this immigrant's lawsuit is conducted fairly for all concerned, especially a taxpaying public that continues to be put at risk by the shenanigans of a crook like Toyota, propped up by the automaker's good friends in Washington - Repukes n Demagogues alike - who deceitfully pose as representatives of the people.
In his courageous efforts to make truth prevail, Koua Fong Lee still needs all the luck he can get.
Thursday, May 29, 2014
"City mechanic" checks Lexus - cops charge driver
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Update 5/31/2014 - Tuesday, a runaway RAV4 smashed into Finkelstein Memorial Library in Spring Valley, New York. Police have now released security cam video, which caught the entire event. The RAV4 was SLOWLY turning into the parking lot when the vehicle suddenly took off like a rocket. Consistent with the video, the driver says his foot was on the brake pedal when he heard the engine rev up as the RAV4 simultaneously accelerated. This makes AT LEAST THREE CASES during the past two months suggesting electronically-induced unintended acceleration in runaway Toyotas. Common denominators include parking lots, turning corners, slow speeds when the events begin, and driver complaints that the brakes failed to stop the vehicles. NONE OF THE DRIVERS IN THESE CRASHES - WHICH HAVE RESULTED IN INJURIES GALORE AND THE DEATH OF A FOUR-YEAR-OLD - HAVE BEEN ELDERLY. All of the vehicles - various models - crashed into public buildings. A Solara into a daycare, a Lexus into a church, the RAV4 into a library.
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Be warned. If your vehicle speeds out of control - and the vast majority of complaints involve Toyotas - you may wind up facing criminal charges. You may wind up in prison.
Easter night, a Lexus - raising justifiable concerns of electronically-induced unintended acceleration - crashed into a church. In a previous blog post, I addressed the situation:
Case in point is this week's Easter night crash of a 2006 Lexus into a church full of people, injuries galore. All the earmarks of an unintended acceleration event, and given NHTSA's outright lies regarding the issue, nobody can be blamed for wondering. It's especially noteworthy that the driver says she was applying the brake when the Lexus suddenly accelerated. Embedded systems expert Michael Barr addressed this all-too-frequent situation in court testimony regarding the defects he found in Toyota's electronic throttle control. Mr. Barr pointed out that the driver would actually have to take their foot off the brake pedal and immediately press the pedal again in order to stand a chance of stopping the vehicle. I won't belabor the obvious unlikelihood that anyone would ever do that in such a situation. Note the eerie similarity of the Easter Sunday crash to a complaint filed with NHTSA on 4/14/08 regarding a 2006 Lexus:
LEXUS LS 430 BRAKES FAILED MOVING INTO A PARKING SPACE. PRESSED ON THE BREAKS THE SURGED FORWARD WENT OVER A BUMP, CURB, HANDICAP SIGN AND INTO THE BUILDING. WAS PRESSING ON THE BRAKES AND THE CAR JUST TOOK OFF. *TR
News reports went on to say that the make and model of the Easter night Lexus had been spotlighted in complaints to the federal government of "brake failure or uncontrollable acceleration," and I went on to point out what Michael Barr found (see "Toyota's killer firmware: Bad design and its consequences") when he examined Toyota's throttle control:
> Toyota’s electronic throttle control system (ETCS) source code is of unreasonable quality.
> Toyota’s source code is defective and contains bugs, including bugs that can cause unintended acceleration (UA).
> Code-quality metrics predict presence of additional bugs.
> Toyota’s fail safes are defective and inadequate (referring to them as a “house of cards” safety architecture).
> Misbehaviors of Toyota’s ETCS are a cause of UA.
It's a major consideration - referenced by Michael Barr when he testified about brakes - that many of the events suggesting electronically-induced unintended accleration have common denominators. The events are triggered when the drivers are trying to park, and are in the process of shifting gears. And the vast majority of such cases involve transmissions designed so that drivers must push the brake pedal in order to move the shift lever. All of this tends to strongly corroborate statements from the driver in Easter night's Lexus crash that she was pressing the brake pedal when the unintended accleration occured.
Fast forward to this week's news announcing that the "investigation" of Easter night's crash has been completed. And we're told that the cops - in an effort to conserve tax dollars - hired a "city mechanic" to examine the Lexus. And the "city mechanic" found nothing wrong with the brakes. And the Lexus driver was therefore charged with careless driving. And because the crash involved serious injuries, the Lexus driver must appear in court...
Nuthin' like gettin' a good deal for the taxpayin' public. Who needs embedded systems experts, electrical engineers, and other pricey professionals when the cops can get an opinion - dirt cheap - from a city mechanic?
Well, as a matter of fact...
Not that the sweet land of liberty and justice for all would ever railroad anyone in the name of corporate interests, but it was false testimony from a "city mechanic" - about brakes - that figured prominently in sending Toyota driver Koua Fong Lee to prison for four years. And Lee was lucky. Ironically, his "trial" was so egregiously wrongful that Texas attorney Bob Hilliard stepped in pro-bono (Lee's initial attorney had been a public pretender), got the penniless immigrant released, charges dropped, and is now in the process of suing Toyota.
Turned out the "city mechanic" - hired by the prosecution for the "trial" that sent Lee to prison - falsely testified under oath that Lee's Camry did not have anti-lock brakes. Given the absence of skid marks, this later-determined-to-be-false testimony weighed heavily in discrediting Lee's claims that he had been desperately trying to stop his Camry as it sped out of control and crashed, killing three people, injuring others.
Really, folks. Amidst well-publicized evidence that "city mechanics" may not even be able to tell whether or not a vehicle has anti-lock brakes, by what standard of fairness - or common sense - do cops decide to charge someone with careless driving based on a city mechanic's "investigation" of an event that raises questions of electronically-induced unintended accleration?
Here's the deal. The only lawsuit based on claims of electronic defects in Toyota's electronics was won - hands down - by the plaintiffs. The jury - after hearing testimony from bonafide software experts - went even further, finding Toyota guilty of "reckless disregard" for public safety in the way it designed its throttle control. The Oklahoma case put the Recall King in settlement mode, and put the U.S. Department of Justice in "No comment" mode.
Acknowledged crook Toyota - admittedly guilty of misleading the public about safety defects - is now being allowed to ignore the evidence presented to the jury in Oklahoma. The only media organizations that dare to discuss the evidence are trade journals, bloggers, and one or two small publications. And the taxpaying public is left holding the bag. Short of expensive, time-consuming lawsuits that present testimony from bonafide experts, consumers - especially those with limited resources - have no recourse if their vehicle speeds out of control. Indeed, such cases may be determined by a "city mechanic."
Let's face it. Consumers have become pawns in a deadly game of corporate cover-up.
Update 5/31/2014 - Tuesday, a runaway RAV4 smashed into Finkelstein Memorial Library in Spring Valley, New York. Police have now released security cam video, which caught the entire event. The RAV4 was SLOWLY turning into the parking lot when the vehicle suddenly took off like a rocket. Consistent with the video, the driver says his foot was on the brake pedal when he heard the engine rev up as the RAV4 simultaneously accelerated. This makes AT LEAST THREE CASES during the past two months suggesting electronically-induced unintended acceleration in runaway Toyotas. Common denominators include parking lots, turning corners, slow speeds when the events begin, and driver complaints that the brakes failed to stop the vehicles. NONE OF THE DRIVERS IN THESE CRASHES - WHICH HAVE RESULTED IN INJURIES GALORE AND THE DEATH OF A FOUR-YEAR-OLD - HAVE BEEN ELDERLY. All of the vehicles - various models - crashed into public buildings. A Solara into a daycare, a Lexus into a church, the RAV4 into a library.
###################################################################################
Be warned. If your vehicle speeds out of control - and the vast majority of complaints involve Toyotas - you may wind up facing criminal charges. You may wind up in prison.
Easter night, a Lexus - raising justifiable concerns of electronically-induced unintended acceleration - crashed into a church. In a previous blog post, I addressed the situation:
Case in point is this week's Easter night crash of a 2006 Lexus into a church full of people, injuries galore. All the earmarks of an unintended acceleration event, and given NHTSA's outright lies regarding the issue, nobody can be blamed for wondering. It's especially noteworthy that the driver says she was applying the brake when the Lexus suddenly accelerated. Embedded systems expert Michael Barr addressed this all-too-frequent situation in court testimony regarding the defects he found in Toyota's electronic throttle control. Mr. Barr pointed out that the driver would actually have to take their foot off the brake pedal and immediately press the pedal again in order to stand a chance of stopping the vehicle. I won't belabor the obvious unlikelihood that anyone would ever do that in such a situation. Note the eerie similarity of the Easter Sunday crash to a complaint filed with NHTSA on 4/14/08 regarding a 2006 Lexus:
LEXUS LS 430 BRAKES FAILED MOVING INTO A PARKING SPACE. PRESSED ON THE BREAKS THE SURGED FORWARD WENT OVER A BUMP, CURB, HANDICAP SIGN AND INTO THE BUILDING. WAS PRESSING ON THE BRAKES AND THE CAR JUST TOOK OFF. *TR
News reports went on to say that the make and model of the Easter night Lexus had been spotlighted in complaints to the federal government of "brake failure or uncontrollable acceleration," and I went on to point out what Michael Barr found (see "Toyota's killer firmware: Bad design and its consequences") when he examined Toyota's throttle control:
> Toyota’s electronic throttle control system (ETCS) source code is of unreasonable quality.
> Toyota’s source code is defective and contains bugs, including bugs that can cause unintended acceleration (UA).
> Code-quality metrics predict presence of additional bugs.
> Toyota’s fail safes are defective and inadequate (referring to them as a “house of cards” safety architecture).
> Misbehaviors of Toyota’s ETCS are a cause of UA.
It's a major consideration - referenced by Michael Barr when he testified about brakes - that many of the events suggesting electronically-induced unintended accleration have common denominators. The events are triggered when the drivers are trying to park, and are in the process of shifting gears. And the vast majority of such cases involve transmissions designed so that drivers must push the brake pedal in order to move the shift lever. All of this tends to strongly corroborate statements from the driver in Easter night's Lexus crash that she was pressing the brake pedal when the unintended accleration occured.
Fast forward to this week's news announcing that the "investigation" of Easter night's crash has been completed. And we're told that the cops - in an effort to conserve tax dollars - hired a "city mechanic" to examine the Lexus. And the "city mechanic" found nothing wrong with the brakes. And the Lexus driver was therefore charged with careless driving. And because the crash involved serious injuries, the Lexus driver must appear in court...
Nuthin' like gettin' a good deal for the taxpayin' public. Who needs embedded systems experts, electrical engineers, and other pricey professionals when the cops can get an opinion - dirt cheap - from a city mechanic?
Well, as a matter of fact...
Not that the sweet land of liberty and justice for all would ever railroad anyone in the name of corporate interests, but it was false testimony from a "city mechanic" - about brakes - that figured prominently in sending Toyota driver Koua Fong Lee to prison for four years. And Lee was lucky. Ironically, his "trial" was so egregiously wrongful that Texas attorney Bob Hilliard stepped in pro-bono (Lee's initial attorney had been a public pretender), got the penniless immigrant released, charges dropped, and is now in the process of suing Toyota.
Turned out the "city mechanic" - hired by the prosecution for the "trial" that sent Lee to prison - falsely testified under oath that Lee's Camry did not have anti-lock brakes. Given the absence of skid marks, this later-determined-to-be-false testimony weighed heavily in discrediting Lee's claims that he had been desperately trying to stop his Camry as it sped out of control and crashed, killing three people, injuring others.
Really, folks. Amidst well-publicized evidence that "city mechanics" may not even be able to tell whether or not a vehicle has anti-lock brakes, by what standard of fairness - or common sense - do cops decide to charge someone with careless driving based on a city mechanic's "investigation" of an event that raises questions of electronically-induced unintended accleration?
Here's the deal. The only lawsuit based on claims of electronic defects in Toyota's electronics was won - hands down - by the plaintiffs. The jury - after hearing testimony from bonafide software experts - went even further, finding Toyota guilty of "reckless disregard" for public safety in the way it designed its throttle control. The Oklahoma case put the Recall King in settlement mode, and put the U.S. Department of Justice in "No comment" mode.
Acknowledged crook Toyota - admittedly guilty of misleading the public about safety defects - is now being allowed to ignore the evidence presented to the jury in Oklahoma. The only media organizations that dare to discuss the evidence are trade journals, bloggers, and one or two small publications. And the taxpaying public is left holding the bag. Short of expensive, time-consuming lawsuits that present testimony from bonafide experts, consumers - especially those with limited resources - have no recourse if their vehicle speeds out of control. Indeed, such cases may be determined by a "city mechanic."
Let's face it. Consumers have become pawns in a deadly game of corporate cover-up.
Wednesday, March 19, 2014
Jailed Toyota driver deserves punitive damages
If anyone ever deserved a punitive damage award, it's Koua Fong Lee, the financially-challenged immigrant who was falsely imprisoned for two years after his Toyota Camry sped out of control, resulting in multiple deaths and injuries. Amidst publicity regarding Toyota's problems with sudden unintended acceleration, charges were finally dropped, and Lee was released. That's all well and good.
However...
As Lee weighed his legal options, something very strange took place. Rather than pursue a separate lawsuit against Toyota, Lee joined the lawsuit launched by other victims of the accident in exchange for forfeiting his right to claim punitive damages. I was puzzled at the time, and remain even more puzzled now that the Recall King - prompted by a jury's guilty verdict in an Oklahoma sudden unintended acceleration case - is rushing to reach a "global settlement" involving all sudden unintended acceleration cases.
Toyota has one whopper of an interest in not allowing juries to determine punitive damages. This was demonstrated in the Oklahoma case when Toyota immediately settled the matter after the guilty verdict was returned. It boils down to millions of dollars worth of "settlement" versus the risk of billions of dollars worth of punitive. The jury in Oklahoma - impressed with expert testimony (not to mention 150 feet of skid marks from the plaintiff's tires) - was fed up with Toyota's shenanigans, stating that Toyota acted with reckless disregard. Not surprising that the Recall King didn't want those folks assessing punitive damages in a death case.
So if the jury in Oklahoma was fed up, wonder what a jury's response would likely be regarding multiple deaths and injuries, and a Toyota driver who wound up in prison for two years before finally being cleared of all charges. A lawsuit from Lee - including the prospect of punitive damages - would have indeed been risky business for the Recall King.
Lee's case had already made headlines due to the horrific nature of the accident. And as Toyota's problems with sudden unintended acceleration continued to draw public attention, an imprisoned Toyota driver claiming that his Camry suddenly sped out of control was an ever-increasing liability for the Recall King. Lee has never wavered on that crucial point. Prison isn't pretty - Lee has recurring nightmares - and the specter of a jury one day assessing punitive damages was a ghost to be reckoned with. Lee's case weighed heavily in a D.A.'s decision to drop charges against a Lexus driver.
Lee's case - still not resolved - raises troubling questions. Not only about Toyota (now being allowed to buy its way out of a federal criminal investigation), but about a legal system that imprisons penniless immigrants on trumped-up charges, is forced to admit the error, and then protects corporate interests by taking away the right to seek punitive damages.
Something is heinously wrong with this picture.
However...
As Lee weighed his legal options, something very strange took place. Rather than pursue a separate lawsuit against Toyota, Lee joined the lawsuit launched by other victims of the accident in exchange for forfeiting his right to claim punitive damages. I was puzzled at the time, and remain even more puzzled now that the Recall King - prompted by a jury's guilty verdict in an Oklahoma sudden unintended acceleration case - is rushing to reach a "global settlement" involving all sudden unintended acceleration cases.
Toyota has one whopper of an interest in not allowing juries to determine punitive damages. This was demonstrated in the Oklahoma case when Toyota immediately settled the matter after the guilty verdict was returned. It boils down to millions of dollars worth of "settlement" versus the risk of billions of dollars worth of punitive. The jury in Oklahoma - impressed with expert testimony (not to mention 150 feet of skid marks from the plaintiff's tires) - was fed up with Toyota's shenanigans, stating that Toyota acted with reckless disregard. Not surprising that the Recall King didn't want those folks assessing punitive damages in a death case.
So if the jury in Oklahoma was fed up, wonder what a jury's response would likely be regarding multiple deaths and injuries, and a Toyota driver who wound up in prison for two years before finally being cleared of all charges. A lawsuit from Lee - including the prospect of punitive damages - would have indeed been risky business for the Recall King.
Lee's case had already made headlines due to the horrific nature of the accident. And as Toyota's problems with sudden unintended acceleration continued to draw public attention, an imprisoned Toyota driver claiming that his Camry suddenly sped out of control was an ever-increasing liability for the Recall King. Lee has never wavered on that crucial point. Prison isn't pretty - Lee has recurring nightmares - and the specter of a jury one day assessing punitive damages was a ghost to be reckoned with. Lee's case weighed heavily in a D.A.'s decision to drop charges against a Lexus driver.
Lee's case - still not resolved - raises troubling questions. Not only about Toyota (now being allowed to buy its way out of a federal criminal investigation), but about a legal system that imprisons penniless immigrants on trumped-up charges, is forced to admit the error, and then protects corporate interests by taking away the right to seek punitive damages.
Something is heinously wrong with this picture.
Thursday, February 6, 2014
NEWS BLACKOUT re bugs in Toyota's software causing sudden unintended acceleration
"Anyone who wastes their time on the US media is a brainwashed idiot, a danger to humanity." Dr. Paul Craig Roberts, former Assistant Secretary of the Treasury, from his article, "America Totally Discredited."
National disgrace when consumers have to depend on trade journals, bloggers, and social media for the facts. Especially when it's a matter of life and death.
Renowned computer expert Michael Barr spent 18 months examining Toyota's software relevant to sudden unintended acceleration. His findings convinced an Oklahoma jury to find Toyota guilty, underscored with a declaration that the Recall King acted with "reckless disregard" in its response to a faulty electronic throttle system. The jury was ready to calculate punitive damages when the Recall King suddenly saw fit to settle, avoiding what may well have been punishment consistent with the kinda stuff levied against big tobacco. The kinda stuff Toyota's friends in Congress and NHTSA shoulda come up with years ago. Punishment based on the wealth of the corporation as opposed to amplified slaps on wrist designed to wow the average consumer. A gang like Toyota needs what they were likely on the verge of gettin' in Oklahoma: a woodsheddin' in the billions 'steada the millions.
The Recall King is hastily moving to settle hundreds of remaining cases - can anyone imagine why? - in a "global settlement" given the green light by our ever vigilant legal system. Conjures up recollections of corrupt corporations too big to fail, surviving at the public's expense. But this time, more than money is at stake.
An at-risk public has a right to know about the incriminating evidence Mr. Barr found. Especially since other computer experts are speaking out in favor of his conclusions. This is not the time for silence in the name of protecting Toyota. This is the time for fundamental fairness to the public. As with engine failures in MR2 Spyders, such fairness certainly hasn't been offered by Toyota. And regarding sudden unintended acceleration, not by Congress, and not by NHTSA. Dirty rotten shame when the taxpayin' public has to uncover facts and seek recourse through expensive, time-consuming, emotionally draining lawsuits because government agencies are beholden to the industries they're presumably set up to regulate.
Where is our "free" press? Why haven't there been lengthy articles focusing on the gist of what happened in Oklahoma? Headlines making sure an at-risk public can put in proper perspective Toyota's sudden rush to settle hundreds of remaining lawsuits involving sudden unintended acceleration. Adding insult to injury, a USA Today article - ostensibly addressing Toyota's current problems with heated seats - made it sound like the sudden unintended acceleration issue had been conclusively related to nothing more than driver error, floor mats and sticking gas pedals. Hard to believe such stories - how many more are being circulated? - are published out of ignorance. I sent e-mails to reporters with Minnesota's Pioneer Press and Star Tribune newspapers, both of which took keen interest when efforts were made to get local resident Koua Fong Lee out of prison after his Toyota sped out of control, people died, and the economically challenged immigrant was railroaded. I suggested followups informing the public of Michael Barr's findings and any bearing they might have on Lee's lawsuit, which the Recall King is trying to get dismissed. My e-mails were ignored. Reuters continues to ban me from commenting, and then there's this "story" about the University of Iowa's $17.2 million "driving safety research" grant. Another bona fide hack job, making it appear as though sudden unintended acceleration is all about driver error. No mention of Michael Barr's findings, and no reply to my e-mail explaining that it's time for media to quit focusing on "driver error." The "grant," incidentally, came via Toyota's "settlement" for economic loss claims over sudden unintended acceleration. And that settlement too was prompted by Michael Barr's findings.
In a superb article, "Toyota's killer firmware: Bad design and its consequences," Michael Dunn, writing for engineering journal Design News, provides a summary of Mr. Barr's findings:
It will be interesting to see the "presstitute" media's response - or lack thereof - to the upcoming EE Times conference featuring a keynote address by none other than Michael Barr himself. Evidence of the respect Mr. Barr's colleagues have for his conclusions about Toyota's software. An occasion that should make national news, top spot. But don't hold your breath.
Next thing ya know, it'll be said that America is nothin' more than a tacky little corporate-controlled police state.
Update 2/7/2014 - Thanks to #Whistleblower Daily News for headlining this post.
Update 2/10/2014 - Toyota is reported to be on the verge of a billion dollar settlement to end the federal criminal investigation involving reporting procedures for sudden unintended acceleration complaints, concerns about mail fraud, wire fraud, and whether stockholders were misled. Nothin' like buyin' yer way outta hot water. Stay tuned.
Update 2/11/2014 - Minnesota's Star Tribune newspaper - referenced in this blog post - is refusing to publish a comment I submitted this morning (it's now 4:50 PM EST) exposing the news blackout regarding Michael Barr finding bugs in Toyota's software causing sudden unintended acceleration.
Updates 2/12/2014 -
> Software problems have now prompted a major Prius recall. Other models are also on the list, and some of the issues involve SKID control. Toyota's software problems sure are lending credence to Michael Barr's findings. Bloomberg has removed a comment I made to that effect a few moments ago regarding their article about the Prius recall. Bloomberg's censorship of my comments is nothin' new.
> My comment putting Toyota's current software problems in proper perspective re USA Today's article is being repeatedly removed. Toyota can't stand the truth.
National disgrace when consumers have to depend on trade journals, bloggers, and social media for the facts. Especially when it's a matter of life and death.
Renowned computer expert Michael Barr spent 18 months examining Toyota's software relevant to sudden unintended acceleration. His findings convinced an Oklahoma jury to find Toyota guilty, underscored with a declaration that the Recall King acted with "reckless disregard" in its response to a faulty electronic throttle system. The jury was ready to calculate punitive damages when the Recall King suddenly saw fit to settle, avoiding what may well have been punishment consistent with the kinda stuff levied against big tobacco. The kinda stuff Toyota's friends in Congress and NHTSA shoulda come up with years ago. Punishment based on the wealth of the corporation as opposed to amplified slaps on wrist designed to wow the average consumer. A gang like Toyota needs what they were likely on the verge of gettin' in Oklahoma: a woodsheddin' in the billions 'steada the millions.
The Recall King is hastily moving to settle hundreds of remaining cases - can anyone imagine why? - in a "global settlement" given the green light by our ever vigilant legal system. Conjures up recollections of corrupt corporations too big to fail, surviving at the public's expense. But this time, more than money is at stake.
An at-risk public has a right to know about the incriminating evidence Mr. Barr found. Especially since other computer experts are speaking out in favor of his conclusions. This is not the time for silence in the name of protecting Toyota. This is the time for fundamental fairness to the public. As with engine failures in MR2 Spyders, such fairness certainly hasn't been offered by Toyota. And regarding sudden unintended acceleration, not by Congress, and not by NHTSA. Dirty rotten shame when the taxpayin' public has to uncover facts and seek recourse through expensive, time-consuming, emotionally draining lawsuits because government agencies are beholden to the industries they're presumably set up to regulate.
Where is our "free" press? Why haven't there been lengthy articles focusing on the gist of what happened in Oklahoma? Headlines making sure an at-risk public can put in proper perspective Toyota's sudden rush to settle hundreds of remaining lawsuits involving sudden unintended acceleration. Adding insult to injury, a USA Today article - ostensibly addressing Toyota's current problems with heated seats - made it sound like the sudden unintended acceleration issue had been conclusively related to nothing more than driver error, floor mats and sticking gas pedals. Hard to believe such stories - how many more are being circulated? - are published out of ignorance. I sent e-mails to reporters with Minnesota's Pioneer Press and Star Tribune newspapers, both of which took keen interest when efforts were made to get local resident Koua Fong Lee out of prison after his Toyota sped out of control, people died, and the economically challenged immigrant was railroaded. I suggested followups informing the public of Michael Barr's findings and any bearing they might have on Lee's lawsuit, which the Recall King is trying to get dismissed. My e-mails were ignored. Reuters continues to ban me from commenting, and then there's this "story" about the University of Iowa's $17.2 million "driving safety research" grant. Another bona fide hack job, making it appear as though sudden unintended acceleration is all about driver error. No mention of Michael Barr's findings, and no reply to my e-mail explaining that it's time for media to quit focusing on "driver error." The "grant," incidentally, came via Toyota's "settlement" for economic loss claims over sudden unintended acceleration. And that settlement too was prompted by Michael Barr's findings.
In a superb article, "Toyota's killer firmware: Bad design and its consequences," Michael Dunn, writing for engineering journal Design News, provides a summary of Mr. Barr's findings:
- Toyota’s electronic throttle control system (ETCS) source code is of unreasonable quality.
- Toyota’s source code is defective and contains bugs, including bugs that can cause unintended acceleration (UA).
- Code-quality metrics predict presence of additional bugs.
- Toyota’s fail safes are defective and inadequate (referring to them as a “house of cards” safety architecture).
- Misbehaviors of Toyota’s ETCS are a cause of UA.
It will be interesting to see the "presstitute" media's response - or lack thereof - to the upcoming EE Times conference featuring a keynote address by none other than Michael Barr himself. Evidence of the respect Mr. Barr's colleagues have for his conclusions about Toyota's software. An occasion that should make national news, top spot. But don't hold your breath.
Next thing ya know, it'll be said that America is nothin' more than a tacky little corporate-controlled police state.
Update 2/7/2014 - Thanks to #Whistleblower Daily News for headlining this post.
Update 2/10/2014 - Toyota is reported to be on the verge of a billion dollar settlement to end the federal criminal investigation involving reporting procedures for sudden unintended acceleration complaints, concerns about mail fraud, wire fraud, and whether stockholders were misled. Nothin' like buyin' yer way outta hot water. Stay tuned.
Update 2/11/2014 - Minnesota's Star Tribune newspaper - referenced in this blog post - is refusing to publish a comment I submitted this morning (it's now 4:50 PM EST) exposing the news blackout regarding Michael Barr finding bugs in Toyota's software causing sudden unintended acceleration.
Updates 2/12/2014 -
> Software problems have now prompted a major Prius recall. Other models are also on the list, and some of the issues involve SKID control. Toyota's software problems sure are lending credence to Michael Barr's findings. Bloomberg has removed a comment I made to that effect a few moments ago regarding their article about the Prius recall. Bloomberg's censorship of my comments is nothin' new.
> My comment putting Toyota's current software problems in proper perspective re USA Today's article is being repeatedly removed. Toyota can't stand the truth.
Thursday, January 30, 2014
Hardware and/or software problem exposed in Camry Hybrid brakes
Maybe Michael Barr - the computer expert whose testimony prompted a guilty verdict in the sudden unintended acceleration case in Oklahoma - should be asked to examine the computer issues associated with brake failures in '07 and '08 Camry gas-electric hybrids. Complaints to NHTSA are increasing.
Pesky little problem. Seems those "trouble codes" don't necessarily show up. Kinda reminds ya of instances of sudden unintended acceleration. Brings to mind motorists in runaway cars insisting that they had both feet on the brake pedal.
In one of the complaints to NHTSA, after a dealer finally said there was a problem with the brake control computer, the owner wrote that “Toyota is behaving immoral not recalling the faulty parts that in many cases cannot even be diagnosed.” Hmm... "Difficulties" diagnosing a problem, blabber about "computer codes," and accusations that Toyota is somewhat less than a paragon of morality. Sound familiar? Next thing ya know, Toyota will be blamin' the problem on floor mats, and customers getting the brake pedal confused with the accelerator.
Not to worry. Toyota says they're "cooperating with NHTSA." Problem is, there's growing evidence of a bit too much "cooperation" twixt NHTSA and the Recall King. Sudden unintended acceleration cases ad nauseum, yet it's taken many years and lawsuits galore for the facts to come out. Not to mention deaths, injuries, and one Toyota driver - Koua Fong Lee - who wound up spending years in prison before charges were finally dropped. I'd like to see singer-songwriter Kris Kitko, who produced the superb music video, "Toyota, Where are Ya?" produce a follow-up asking where NHTSA has been all these years.
Things are heatin' up - literally - for the Recall King. NHTSA is considering yet another possible recall, this one associated with the fabric used for heated seats in Camrys and other models. Whew. Will Toyota's parade of defects ever end?
Oh, well. At least everyone can rest assured that NHTSA, our illustrious little government watchdog, will continue to represent the interests of those it serves.
Update 2/1/2014 - Mainstream media is keeping quiet about the evidence of computer problems. AP and Washington Post are the only ones I know of that have mentioned it. Bombshell considering the case in Oklahoma. Should be makin' headlines. As is the case with engine failures in MR2 Spyders, Toyota rakes in big bucks for "servicing" defective products, and has been fined for delays in reporting such items. Consumers have good reason to question how long the Recall King has been aware of the Camry brake issue.
Pesky little problem. Seems those "trouble codes" don't necessarily show up. Kinda reminds ya of instances of sudden unintended acceleration. Brings to mind motorists in runaway cars insisting that they had both feet on the brake pedal.
In one of the complaints to NHTSA, after a dealer finally said there was a problem with the brake control computer, the owner wrote that “Toyota is behaving immoral not recalling the faulty parts that in many cases cannot even be diagnosed.” Hmm... "Difficulties" diagnosing a problem, blabber about "computer codes," and accusations that Toyota is somewhat less than a paragon of morality. Sound familiar? Next thing ya know, Toyota will be blamin' the problem on floor mats, and customers getting the brake pedal confused with the accelerator.
Not to worry. Toyota says they're "cooperating with NHTSA." Problem is, there's growing evidence of a bit too much "cooperation" twixt NHTSA and the Recall King. Sudden unintended acceleration cases ad nauseum, yet it's taken many years and lawsuits galore for the facts to come out. Not to mention deaths, injuries, and one Toyota driver - Koua Fong Lee - who wound up spending years in prison before charges were finally dropped. I'd like to see singer-songwriter Kris Kitko, who produced the superb music video, "Toyota, Where are Ya?" produce a follow-up asking where NHTSA has been all these years.
Things are heatin' up - literally - for the Recall King. NHTSA is considering yet another possible recall, this one associated with the fabric used for heated seats in Camrys and other models. Whew. Will Toyota's parade of defects ever end?
Oh, well. At least everyone can rest assured that NHTSA, our illustrious little government watchdog, will continue to represent the interests of those it serves.
Update 2/1/2014 - Mainstream media is keeping quiet about the evidence of computer problems. AP and Washington Post are the only ones I know of that have mentioned it. Bombshell considering the case in Oklahoma. Should be makin' headlines. As is the case with engine failures in MR2 Spyders, Toyota rakes in big bucks for "servicing" defective products, and has been fined for delays in reporting such items. Consumers have good reason to question how long the Recall King has been aware of the Camry brake issue.
Friday, January 17, 2014
Toyota guilty verdict renews interest in sudden unintended acceleration
On the heels of a gulty verdict in a sudden unintended acceleration case in Oklahoma, news of an out-of-control Camry, and cops have nixed the notion of driver error. A 2003 Camry took off immediately after the driver - who was parking the vehicle and still had his foot on the brake - heard a loud, metallic bang. The vehicle - which was totalled - crashed through a wall, seriously injuring the driver's wife.
Meanwhile, in another case involving an out-of-control Camry, plaintiffs are being represented by the same law firm that successfully represented the folks in Oklahoma. "Mr. Kitrys’ 2004 Toyota Camry suddenly and without warning surged out of control and he was unable to stop the vehicle. As the uncontrollable Camry approached an intersection and concrete barrier, Mr. Kitrys jumped from the vehicle but received injuries that caused his death."
Let's hope Toyota doesn't "examine" these vehicles unless both sides are present. I remember the case of Koua Fong Lee, wherein Toyota acted like Koua's Camry belonged to them insteada him.
Meanwhile, electrical engineers are speaking out in favor of the Oklahoma verdict, and Shawn Kane of Safety Research and Strategies, Inc. has offered a detailed summary of the trial's technical issues, noting that experts used the term "spaghetti," which is programmer's slang for badly written and badly structured source code. The trial also revealed that back in 2007, even one of Toyota's own programmers had used the term when referring to the engine control application. Mr. Kane testified on Capitol Hill when congress "investigated" Toyota back in 2010.
Previous congressional testimony - especially from victims of sudden unintended acceleration - takes on new meaning in light of the technical disclosures associated with the guilty verdict in Oklahoma. Great time to recall the testimony of Clarence Ditlow, Executive Director of the Center for Auto Safety. Mr. Ditlow told our illustrious elected officials there was a cover-up, and implicated (gasp) NHTSA. I've maintained from the get go that a corporation that would behave like Toyota has about engine failures in MR2 Spyders simply cannot be trusted. Ditto for a government that lets 'em get away with it.
Amidst the heavy downpour of incriminating technical data from the Oklahoma case, Toyota's NHTSA-congressional whitewash is flakin' off. Not so easy anymore for the Recall King to get away with dumping problems on their customers. Of course, Toyota's USA president even testified back then that 70% of sudden unintended acceleration cases couldn't be explained by driver error, floor mats, or sticky gas pedals. Thanks, Oklahoma. Thank you, thank you, thank you. It's a hoot seein' the Recall King forced into a runnin'-scared rush to settle hundreds of remaining cases - 'bout 450 of 'em - lest there be further technical revelations, along with the fearsome prospect of juried determinations of punitive damages.
Meanwhile, in another case involving an out-of-control Camry, plaintiffs are being represented by the same law firm that successfully represented the folks in Oklahoma. "Mr. Kitrys’ 2004 Toyota Camry suddenly and without warning surged out of control and he was unable to stop the vehicle. As the uncontrollable Camry approached an intersection and concrete barrier, Mr. Kitrys jumped from the vehicle but received injuries that caused his death."
Let's hope Toyota doesn't "examine" these vehicles unless both sides are present. I remember the case of Koua Fong Lee, wherein Toyota acted like Koua's Camry belonged to them insteada him.
Meanwhile, electrical engineers are speaking out in favor of the Oklahoma verdict, and Shawn Kane of Safety Research and Strategies, Inc. has offered a detailed summary of the trial's technical issues, noting that experts used the term "spaghetti," which is programmer's slang for badly written and badly structured source code. The trial also revealed that back in 2007, even one of Toyota's own programmers had used the term when referring to the engine control application. Mr. Kane testified on Capitol Hill when congress "investigated" Toyota back in 2010.
Previous congressional testimony - especially from victims of sudden unintended acceleration - takes on new meaning in light of the technical disclosures associated with the guilty verdict in Oklahoma. Great time to recall the testimony of Clarence Ditlow, Executive Director of the Center for Auto Safety. Mr. Ditlow told our illustrious elected officials there was a cover-up, and implicated (gasp) NHTSA. I've maintained from the get go that a corporation that would behave like Toyota has about engine failures in MR2 Spyders simply cannot be trusted. Ditto for a government that lets 'em get away with it.
Amidst the heavy downpour of incriminating technical data from the Oklahoma case, Toyota's NHTSA-congressional whitewash is flakin' off. Not so easy anymore for the Recall King to get away with dumping problems on their customers. Of course, Toyota's USA president even testified back then that 70% of sudden unintended acceleration cases couldn't be explained by driver error, floor mats, or sticky gas pedals. Thanks, Oklahoma. Thank you, thank you, thank you. It's a hoot seein' the Recall King forced into a runnin'-scared rush to settle hundreds of remaining cases - 'bout 450 of 'em - lest there be further technical revelations, along with the fearsome prospect of juried determinations of punitive damages.
Sunday, November 10, 2013
Another recall. Bloomberg ignores evidence of Toyota's software causing sudden unintended acceleration
Toyota's 2013 recall parade is marchin' right along. This time, it's defective valve springs in pickups and SUVs that can cause an engine to stop running. And this is not the first time the Recall King has found valve springs to be a manufacturing challenge. Amidst a 2010 valve-spring recall, a YouTube video appeared - along with an article on AutoBlog.com - addressing Toyota's problem with those pesky valve springs. C'mon, Recall King. Do tell. What's really going on with those springs?
Might cause an engine to stop running? What a hoot. For years, there have been formal complaints and postings all over the Internet about engines suddenly disintegrating in MR2 Spyders, and the Recall King hasn't seen fit to do anything other than stonewall. But of course, MR2 Spyders - unlike pickups and SUVs - are limited production vehicles, and this puts their owners at an extreme disadvantage when dealing with a corporate slob like Toyota. Lousy products and an equally lousy attitude toward customers. And talk about deceptive advertising. It's kinda hard to "Go Places" when your engine won't run. Even harder when your bank account has been depleted by the better part of $10,000...
Meanwhile, the "presstitute" media (as former Assistant Secretary of the Treasury Dr. Paul Craig Roberts calls it) is rushing to Toyota's aid now that an Oklahoma jury has handed down a guilty verdict in a sudden unintended acceleration case. Enter this one-sided, hand-wringin' article from Bloomberg, bemoaning the way courts are allowing lawsuits to proceed against poor ol' Toyota. Is anyone fooled? I've been blocked from commenting - weird things happen when I try to log in - and this is not the first time I've had problems getting comments published by Bloomberg. Fortunately, noted electrical engineer Dr. Antony Anderson submitted a comment offering a fantastic rebuttal to Paul Barrett's sheer blabber. Here's an excerpt from Dr. Anderson's remarks:
"If (Toyota) had fitted kill switches, very few people would have been killed and there would have been little or no litigation. Weeping crocodile tears 'about the individuals and families of anyone in an accident involving one of our vehicles' is no substitute for killing sudden accelerations stone dead with a device that will restrict fuel supply or air to the engine in an emergency."
Facts are starting to emerge - much of the technical data revealed in the Oklahoma trial is still secret - about Toyota's well-orchestrated efforts to conceal pertinent information about their Electronic Control Throttle System (ECTS) and their refusal to install relatively simple safety measures. The Recall King, NHTSA, and presstitute media gang is gettin' nervous.
Toyota's ad, "Let's Go Places" should include the kind of places you're liable to go if you purchase their products. The hospital, perhaps? Court? Or how about prison? Just ask Koua Fong Lee.
Might cause an engine to stop running? What a hoot. For years, there have been formal complaints and postings all over the Internet about engines suddenly disintegrating in MR2 Spyders, and the Recall King hasn't seen fit to do anything other than stonewall. But of course, MR2 Spyders - unlike pickups and SUVs - are limited production vehicles, and this puts their owners at an extreme disadvantage when dealing with a corporate slob like Toyota. Lousy products and an equally lousy attitude toward customers. And talk about deceptive advertising. It's kinda hard to "Go Places" when your engine won't run. Even harder when your bank account has been depleted by the better part of $10,000...
Meanwhile, the "presstitute" media (as former Assistant Secretary of the Treasury Dr. Paul Craig Roberts calls it) is rushing to Toyota's aid now that an Oklahoma jury has handed down a guilty verdict in a sudden unintended acceleration case. Enter this one-sided, hand-wringin' article from Bloomberg, bemoaning the way courts are allowing lawsuits to proceed against poor ol' Toyota. Is anyone fooled? I've been blocked from commenting - weird things happen when I try to log in - and this is not the first time I've had problems getting comments published by Bloomberg. Fortunately, noted electrical engineer Dr. Antony Anderson submitted a comment offering a fantastic rebuttal to Paul Barrett's sheer blabber. Here's an excerpt from Dr. Anderson's remarks:
"If (Toyota) had fitted kill switches, very few people would have been killed and there would have been little or no litigation. Weeping crocodile tears 'about the individuals and families of anyone in an accident involving one of our vehicles' is no substitute for killing sudden accelerations stone dead with a device that will restrict fuel supply or air to the engine in an emergency."
Facts are starting to emerge - much of the technical data revealed in the Oklahoma trial is still secret - about Toyota's well-orchestrated efforts to conceal pertinent information about their Electronic Control Throttle System (ECTS) and their refusal to install relatively simple safety measures. The Recall King, NHTSA, and presstitute media gang is gettin' nervous.
Toyota's ad, "Let's Go Places" should include the kind of places you're liable to go if you purchase their products. The hospital, perhaps? Court? Or how about prison? Just ask Koua Fong Lee.
Tuesday, January 4, 2011
D.A. drops charges - driver of runaway Lexus sues Toyota.
This case - another big embarassment for the Recall King - is shockingly similar to that of wrongfully convicted Toyota driver Koua Fong Lee. In fact, prosecutors weighed the Lee case heavily before dropping the charges against Unmi Suk Chung. Fortunately - unlike Koua Fong Lee - Chung didn't have to spend four years in prison.
Koua Fong Lee is also suing Toyota, and if his case is any precursor of events, expect Toyota to suddenly claim that Unmi Suk Chung's vehicle was somehow altered. That's the latest Toyota tactic regarding Lee's runaway Camry, and we now await - with bated breath - further elaboration from the Recall King. Maybe this sort of thing is what Toyota means when they threaten to defend themselves "vigorously."
Chung's suit alleges problems with Toyota's electronic throttle control and also highlights the fact - as do similar suits - that while other automakers were installing brake override systems, Toyota neglected to do so. Lack of an override is now a major issue, further emphasized in lawsuits filed last week by seven insurance companies.
Stay tuned. The air is rife with allegations that Toyota is guilty of cover-up and fraud, and there's sure to be plenty of headline grabbin' revelations as both of these cases - along with the sheer avalanche of class action and individual lawsuits filed against Toyota - work their way through the courts.
http://articles.latimes.com/2010/dec/03/business/la-fi-toyota-lawsuit-20101203
Koua Fong Lee is also suing Toyota, and if his case is any precursor of events, expect Toyota to suddenly claim that Unmi Suk Chung's vehicle was somehow altered. That's the latest Toyota tactic regarding Lee's runaway Camry, and we now await - with bated breath - further elaboration from the Recall King. Maybe this sort of thing is what Toyota means when they threaten to defend themselves "vigorously."
Chung's suit alleges problems with Toyota's electronic throttle control and also highlights the fact - as do similar suits - that while other automakers were installing brake override systems, Toyota neglected to do so. Lack of an override is now a major issue, further emphasized in lawsuits filed last week by seven insurance companies.
Stay tuned. The air is rife with allegations that Toyota is guilty of cover-up and fraud, and there's sure to be plenty of headline grabbin' revelations as both of these cases - along with the sheer avalanche of class action and individual lawsuits filed against Toyota - work their way through the courts.
http://articles.latimes.com/2010/dec/03/business/la-fi-toyota-lawsuit-20101203
Monday, November 1, 2010
Toyota caught red handed?
Recent court filings allege shocking accounts of what Toyota's service personnel experienced when they drove vehicles to investigate sudden, unintended acceleration: speed rocketing from 71 to 95 mph, and rpm's zooming from 1500 to 5500. Attorneys say Toyota bought the vehicles back amidst efforts to keep things quiet.
Toyota initially said NHTSA wasn't notified, but then reversed course, saying NHTSA was notified after approximately five months. Toyota - recently fined, currently charged with racketeering, and the subject of a federal grand jury investigation - is developing quite a reputation for being a bit slow to notify NHTSA of safety related defects.
As usual, Toyota denies that they were trying to hide anything, and we'll hear their "vigorous" defense soon enough. Meanwhile, evidence is stacking up that sudden, unintended acceleration has to do with more than floor mats, sticky gas pedals, and driver error. Furthermore, Toyota's reliance on "black box" data is beginning to look like a carefully contrived tactic of of smoke and mirrors. Capabilities of onboard computers have been questionable from the get go, and these latest filings say the devices failed.
The tide began turning against Toyota with the case of Koua Fong Lee, an immigrant who was exonorated after serving two and a half years for criminal vehicular homicide. His not-even-on-the-recall-list Camry sped out of control causing multiple fatalities, and these latest court filings lend all the more credence to Lee's unwavering insistence that his car was to blame. As things now stand, customer accounts of sudden, unintended acceleration warrant a closer look, with a keen focus on electrical problems.
Toyota, its your move.
http://abcnews.go.com/Blotter/toyotas-drivers-wheel-sudden-acceleration-cases-court-filing/story?id=11974250&page=2
Toyota initially said NHTSA wasn't notified, but then reversed course, saying NHTSA was notified after approximately five months. Toyota - recently fined, currently charged with racketeering, and the subject of a federal grand jury investigation - is developing quite a reputation for being a bit slow to notify NHTSA of safety related defects.
As usual, Toyota denies that they were trying to hide anything, and we'll hear their "vigorous" defense soon enough. Meanwhile, evidence is stacking up that sudden, unintended acceleration has to do with more than floor mats, sticky gas pedals, and driver error. Furthermore, Toyota's reliance on "black box" data is beginning to look like a carefully contrived tactic of of smoke and mirrors. Capabilities of onboard computers have been questionable from the get go, and these latest filings say the devices failed.
The tide began turning against Toyota with the case of Koua Fong Lee, an immigrant who was exonorated after serving two and a half years for criminal vehicular homicide. His not-even-on-the-recall-list Camry sped out of control causing multiple fatalities, and these latest court filings lend all the more credence to Lee's unwavering insistence that his car was to blame. As things now stand, customer accounts of sudden, unintended acceleration warrant a closer look, with a keen focus on electrical problems.
Toyota, its your move.
http://abcnews.go.com/Blotter/toyotas-drivers-wheel-sudden-acceleration-cases-court-filing/story?id=11974250&page=2
Wednesday, August 25, 2010
Unraveling the Toyota way
Can you recall a subpoena? Leave it to Toyota to issue one and then not follow through. Apparently, the Koua Fong Lee case (see my 8/14/10 post) has gone well beyond a mere embarassment. Toyota suddenly seems to be bumping into themselves by targeting Lee in an effort to take possession of his '96 Camry. Problem is, of course, not everyone trusts Toyota, and even if they did, Lee doesn't have possession of the car. Lee's attorney put it rather bluntly, saying "we just don't want Toyota looking at the car by themselves or having (sole) possession of it."
Federal grand jury proceedings, racketeering charges, a heretofore unexplained delay in reporting defective steering rods... I understand, Toyota. Its enough to make anyone a little edgy.
Update 8/26/10 - Internet complaint posts (tweets to followers, blog posts, etc.) re censorship are effective. Facebook DID publish my wall reference to this blog post in Posts by Everyone. First time ever for one of my Facebook entries re this blog. Twitter, however - as of about 11:30 AM - is once again censoring my Toyota tweets from appearing in real-time. Toyota can't stand the truth.
Update 8/27/10 - as of about 10:30 AM Twitter is continuing to censor references to this blog post from real-time. I also got a message from one of my followers that Twitter is preventing them from retweeting my tweets. Facebook - as of yesterday - is finally starting to publish in real-time (Posts by Everyone) the entries I make on my home page. Gee. Maybe someone at Twitter is angry at Facebook.
Update 8/28/10 - about 4:00 PM Twitter finally backed off their censorship and published in real-time my tweet with a link to this blog post.
Federal grand jury proceedings, racketeering charges, a heretofore unexplained delay in reporting defective steering rods... I understand, Toyota. Its enough to make anyone a little edgy.
Update 8/26/10 - Internet complaint posts (tweets to followers, blog posts, etc.) re censorship are effective. Facebook DID publish my wall reference to this blog post in Posts by Everyone. First time ever for one of my Facebook entries re this blog. Twitter, however - as of about 11:30 AM - is once again censoring my Toyota tweets from appearing in real-time. Toyota can't stand the truth.
Update 8/27/10 - as of about 10:30 AM Twitter is continuing to censor references to this blog post from real-time. I also got a message from one of my followers that Twitter is preventing them from retweeting my tweets. Facebook - as of yesterday - is finally starting to publish in real-time (Posts by Everyone) the entries I make on my home page. Gee. Maybe someone at Twitter is angry at Facebook.
Update 8/28/10 - about 4:00 PM Twitter finally backed off their censorship and published in real-time my tweet with a link to this blog post.
Saturday, August 14, 2010
Lee case an embarassment for Toyota
Amidst claims that Toyota's customers have been steppin' on the accelerator instead of the brake, along comes the troublesome case of Koua Fong Lee. Wrongfully convicted of criminal vehicular homicide and sentenced to eight years in prison (see my 8/7/10 post), Lee has steadfastly maintained that he was hitting the brakes in a desperate effort to stop his Camry after it suddenly sped out of control resulting in the deaths of three people. The keyword here is wrongfully, because after serving two and a half years, the charges were dropped, highlighting false testimony - that went unchallenged - and evidence that was witheld at Lee's trial. 'Tis the nature of these two items that sounds a sour note for Toyota's blame-the-customer bandwagon.
At Lee's trial, a mechanic testified falsely that Lee's car did not have anti-lock brakes, the existence of which would have offered an explanation for the absence of skid marks. And Lee's attorney witheld a letter from Lee's insurance company confirming that the brake lights were engaged when the accident occurred. Adding insult to injury, Lee's attorney sided with the prosecution in his closing statement to the jury, saying Lee probably stepped on the accelerator instead of the brake. Sound familiar? Its now clear that Lee's version of events was supported by the facts all along. Hmmm...
Just when the breeze seems to be blowin' in Toyota's favor, the case of Koua Fong Lee stands in stark contrast to claims of driver error. It exposes facts that were supposed to stay hidden, along with the railroading of an immigrant.
Update 8/14/2010 - Facebook has censored this post from "Posts by Everyone" and Twitter has censored a tweet reference from real-time results.
Update 10/23/2010 - Koua has now filed a request to join a lawsuit against Toyota. http://www.twincities.com/news/ci_16412288?source=rss
Update 10/31/2010 - Koua's attorney says Toyota is liable:
http://www.lawyersandsettlements.com/articles/15283/interview-brent-schafer-law-firm-toyota.html
At Lee's trial, a mechanic testified falsely that Lee's car did not have anti-lock brakes, the existence of which would have offered an explanation for the absence of skid marks. And Lee's attorney witheld a letter from Lee's insurance company confirming that the brake lights were engaged when the accident occurred. Adding insult to injury, Lee's attorney sided with the prosecution in his closing statement to the jury, saying Lee probably stepped on the accelerator instead of the brake. Sound familiar? Its now clear that Lee's version of events was supported by the facts all along. Hmmm...
Just when the breeze seems to be blowin' in Toyota's favor, the case of Koua Fong Lee stands in stark contrast to claims of driver error. It exposes facts that were supposed to stay hidden, along with the railroading of an immigrant.
Update 8/14/2010 - Facebook has censored this post from "Posts by Everyone" and Twitter has censored a tweet reference from real-time results.
Update 10/23/2010 - Koua has now filed a request to join a lawsuit against Toyota. http://www.twincities.com/news/ci_16412288?source=rss
Update 10/31/2010 - Koua's attorney says Toyota is liable:
http://www.lawyersandsettlements.com/articles/15283/interview-brent-schafer-law-firm-toyota.html
Saturday, August 7, 2010
Case of jailed Toyota driver affronts fairness
To begin with, it took nine months to file charges. Then there was the charge itself - vehicular homicide - which never did fit the facts of the case. Koua Fong Lee was returning home from church with his family when his Camry suddenly sped out of control on an exit ramp reaching speeds of 70-90 mph before crashing into another vehicle and resulting in the deaths of three people. Lee has steadfastly maintained that he repeatedly pressed the brake pedal but the car wouldn't stop, yet Lee's attorney (lest we forget, Lee is an immigrant who came to this country to escape dirt poor living conditions) sided with the prosecution by stating in his closing remarks to the jury that Lee probably mistook the accelerator for the brake.
Lee was found guilty, sentenced to a whopping eight years in prison, and would have remained quietly tucked away behind bars except for breaking news of sudden unintended acceleration in Toyotas. With a new lawyer, thousands registering support on a Facebook page, street protests, and mainstream media coverage, a hearing was held to determine if Lee should get a new trial. And that's where the story really gets interesting.
Lee's new attorney presented bombshell testimony showing that Lee's car had anti-lock brakes, accounting for the absence of skid marks. At Lee's "trial" there had been false testimony - by a city mechanic - stating that Lee's car did not have anti-lock brakes, and this testimony went unchallenged even though Lee's attorney had a letter from Lee's insurance company stating that the car's brake light was engaged. Sooo... with their opposition to a new trial smellin' worse than a kettle of rotten fish - and the case now making national headlines - the DA's office made a desperate, last ditch effort to dump the blame on Lee by offering to release him from prison if he would agree to drop his petition for a new trial and walk away a convicted felon. Talk about cheap shots. How many folks - with five and a half years of prison time to go - would have refused such an offer? If any, not many, and the prosecution knew it. But this time their victim had the courage of conviction - the sheer bravery - to turn down the offer, maintain his innocence, and proceed with his petition for a new trial. Applause, please, for Koua Fong Lee. Within hours - amidst a groundswell of public outrage over Lee's incarceration - the judge granted a new trial, the DA dismissed the charges declaring "this is over," and Lee was suddenly a free man with a clean record.
Well and good. But it's awfully strange how a mechanic can get a major piece of evidence wrong regarding something as readily verifiable as whether or not a car has anti-lock brakes. Ditto for a defense that allowed this testimony to go unchallenged. And wouldn't it have been a cozy deal for Toyota if Lee could have been bullied into takin' the blame and walkin' away a convicted felon while the matter conveniently faded from public view? Koua's criminal case is over, but it raises troubling questions galore.
Update 8/9/2010 - FB has blocked my Toyota posts from Posts by Everyone, and this morning, Twitter is once again blocking my tweets from real-time results. A new Facebook page (Toyota's cars kill innocent people. Stand up for the truth), and exposure of false testimony, witheld evidence, etc. in the Koua Fong Lee case is turning up the heat on Toyota. Activists should monitor real-time publications for dirty tricks style censorship. Don't be dupped just because posts appear on profile pages, etc.
Lee was found guilty, sentenced to a whopping eight years in prison, and would have remained quietly tucked away behind bars except for breaking news of sudden unintended acceleration in Toyotas. With a new lawyer, thousands registering support on a Facebook page, street protests, and mainstream media coverage, a hearing was held to determine if Lee should get a new trial. And that's where the story really gets interesting.
Lee's new attorney presented bombshell testimony showing that Lee's car had anti-lock brakes, accounting for the absence of skid marks. At Lee's "trial" there had been false testimony - by a city mechanic - stating that Lee's car did not have anti-lock brakes, and this testimony went unchallenged even though Lee's attorney had a letter from Lee's insurance company stating that the car's brake light was engaged. Sooo... with their opposition to a new trial smellin' worse than a kettle of rotten fish - and the case now making national headlines - the DA's office made a desperate, last ditch effort to dump the blame on Lee by offering to release him from prison if he would agree to drop his petition for a new trial and walk away a convicted felon. Talk about cheap shots. How many folks - with five and a half years of prison time to go - would have refused such an offer? If any, not many, and the prosecution knew it. But this time their victim had the courage of conviction - the sheer bravery - to turn down the offer, maintain his innocence, and proceed with his petition for a new trial. Applause, please, for Koua Fong Lee. Within hours - amidst a groundswell of public outrage over Lee's incarceration - the judge granted a new trial, the DA dismissed the charges declaring "this is over," and Lee was suddenly a free man with a clean record.
Well and good. But it's awfully strange how a mechanic can get a major piece of evidence wrong regarding something as readily verifiable as whether or not a car has anti-lock brakes. Ditto for a defense that allowed this testimony to go unchallenged. And wouldn't it have been a cozy deal for Toyota if Lee could have been bullied into takin' the blame and walkin' away a convicted felon while the matter conveniently faded from public view? Koua's criminal case is over, but it raises troubling questions galore.
Update 8/9/2010 - FB has blocked my Toyota posts from Posts by Everyone, and this morning, Twitter is once again blocking my tweets from real-time results. A new Facebook page (Toyota's cars kill innocent people. Stand up for the truth), and exposure of false testimony, witheld evidence, etc. in the Koua Fong Lee case is turning up the heat on Toyota. Activists should monitor real-time publications for dirty tricks style censorship. Don't be dupped just because posts appear on profile pages, etc.
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