Case details

Initial crash led to decedent’s subsequent fatal collision: suit

SUMMARY

$10000000

Amount

Verdict-Mixed

Result type

Not present

Ruling
KEYWORDS
death, loss of society
FACTS
On Aug. 28, 2009, plaintiffs’ decedent Noriko Uno, 66, a bookkeeper, was driving her 2006 Toyota Camry on southbound Euclid Avenue in Upland when her vehicle was struck at a low speed on the driver’s side by a vehicle operated by 86-year-old Olga Bello. The impact caused Uno’s vehicle to spin and come to a rest facing north. Uno then made a U-turn and turned south on a one-way street and accelerated against northbound traffic in the wrong direction for approximately one-quarter mile before hitting two utility poles, a small tree and then a large tree. Uno died instantly upon impact with the large tree. The decedent’s husband, Yasuharu “Peter” Uno and her son, Jeffrey Uno, sued Bello; and the designers of the decedent’s vehicle, Toyota Motor Sales U.S.A. Inc., Toyota Motor North America Inc., Toyota Motor Engineering & Manufacturing North America Inc., Toyota Motor Corp., and R&C Motor Corp., which was doing business as Claremont Toyota. The decedent’s family alleged that Bello was negligent in the operation of her vehicle. They also alleged that the Toyota defendants were negligent in the design of the 2006 Toyota Camry, which the decedent was driving at the time of the fatal accident, for failing to equip the vehicle with a brake override system. Thus, the decedent’s family alleged that the defendants were all liable for the decedent’s wrongful death. Due to the plaintiffs’ allegations regarding the lack of a brake override system in a Toyota vehicle, the matter proceeded to a bellwether trial selected by the plaintiffs’ Steering Committee in a Judicial Council Coordinated Proceeding. Plaintiffs’ counsel contended that Bello failed to stop at the intersection stop sign and failed to yield to oncoming traffic. Counsel claimed that as a result, Bello caused the initial collision. Plaintiffs’ counsel also contended that the impact with Bello caused the decedent’s right foot to become entangled behind the brake pedal, while simultaneously causing her heel to depress the accelerator pedal. Thus, counsel argued that the 2006 Toyota Camry was defective for lacking a brake override system. Counsel further argued that if the vehicle had been equipped with a brake override system, the fatal crash would have been avoided. Bello claimed that the impact with the decedent was a minor collision, similar to a “bumper car,” and that her causation ended when the decedent came to a stop after the initial collision. Thus, she claimed that she was not responsible for anything that occurred after the decedent left the scene of the accident. Counsel for the Toyota defendants argued that a brake override system would not have prevented the fatal accident as the decedent mistakenly applied the accelerator pedal instead of the brake pedal. Counsel also argued that the brakes would have stopped the Camry in the accident, but that due to multiple alleged medical conditions that caused confusion, the decedent never applied the brakes at any time during the entire one-quarter mile incident., Mrs. Uno sustained multiple traumatic as a result of the accident and died at the scene. She was 66. The decedent was survived by her husband and son. Thus, the decedent’s husband and son sought recovery of wrongful death damages.
COURT
Superior Court of Los Angeles County, Central Civil West, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case