Victim sues Toyota over 2006 Toyota crash in St. Paul (3 dead, Koua Fong Lee still in jail)

[Omaha Steve]

http://www.twincities.com/ci_15230885

Three died, two hurt when car rear-ended; convicted Camry driver seeks new trial
By Emily Gurnon
[e-mail]
Updated: 06/04/2010 10:44:15 PM CDT

A man injured in a 2006 crash in St. Paul that claimed the lives of his son and two grandchildren has sued Toyota and a local dealer in the first of what is expected to be several lawsuits in the case by next week.

"This lawsuit will confirm what is already clear: that the June 2006 accident was caused by a defect with the Toyota vehicle, which is sudden unintended acceleration," said Michael Padden, an attorney for Quincy Ray Adams.

Adams, 60, of Minneapolis was in an Oldsmobile Ciera that was rear-ended by a 1996 Toyota Camry at Snelling and Concordia avenues in St. Paul on the afternoon of June 10, 2006.

He, along with his son, two of his son's children and another grandchild, was on his way to install a washer and dryer at a house in St. Paul.

The Ciera was stopped at a red light. The Camry, which had exited eastbound Interstate 94 at Snelling, was going an estimated 90 mph when it slammed into the stopped car.

It was "like the car blew up," Adams said, according to the suit.

FULL story at link.

[Oceansaway]

1. K&R...n/t

[Festivito]

2. Lee attorney files petition for a new trial. What's taking so long???

"An attorney for Koua Fong Lee has filed a petition for post-conviction relief in Ramsey County District Court, asking that Lee be granted a new trial."

Hasn't this been a year or more?

Are they waiting for his eight years to expire first?

[dems_rightnow]

3. Hit by a 1996 model?

I suspect this one's going by the wayside.

[Omaha Steve]

4. Why do you think that? Just curious

http://www.internetautoguide.com/auto-recalls/09-int/1996/toyota/camry/index.html

JAN 03, 1996 | Recall ID# 47685 Hide Details
Recall Reason VEHICLE SPEED CONTROL
Recall Date JAN 03, 1996
Model Affected CAMRY
Potential Units Affected 5145

Recall Summary
THESE CRUISE CONTROL SYSTEMS FAIL TO HOLD THE SPEED SET BY THE DRIVER AND CAN ACCELERATE ABOVE THE INTENDED SET SPEED.

Consequence
UNINTENDED ACCELERATION CAN INCREASE THE POTENTIAL FOR A VEHICLE ACCIDENT.

Remedy
DEALERS WILL REPLACE THESE CRUISE CONTROL ASSEMBLIES.

Notes
ROSTRA PRECISION CONTROLS



http://www.msnbc.msn.com/id/35589163/ns/business-autos/

Toyota revelations may free man jailed for crash
Criminal cases involving acceleration being re-examined amid recalls


Associated Press
Koua Fong Lee, holding is 4-year-old daughter, talks with police June 10, 2006, after crashing his 1996 Camry. He contends he couldn't stop the car. The crash killed three people.

updated 10:27 a.m. CT, Fri., Feb. 26, 2010

LINO LAKES, Minnesota - Ever since his 1996 Toyota Camry shot up an interstate ramp, plowing into the back of an Oldsmobile in a horrific crash that killed three people, Koua Fong Lee insisted he had done everything he could to stop the car.

A jury didn't believe him, and a judge sentenced him to eight years in prison. But now, new revelations of safety problems with Toyotas have Lee pressing to get his case reopened and his freedom restored. Relatives of the victims — who condemned Lee at his sentencing three years ago — now believe he is innocent and are planning to sue Toyota. The prosecutor who sent Lee to prison said he thinks the case merits another look.

"I know 100 percent in my heart that I took my foot off the gas and that I was stepping on the brakes as hard as possible," Lee said in an interview Wednesday at the state prison in Lino Lakes. "When the brakes were looked at and we were told that nothing was wrong with the brakes, I was shocked."

FULL story at link.

[dems_rightnow]

6. Because....

The car was 10 years old, and they'll have to prove 3 things:

1. The the vehicle suffered from Sudden Acceleration

2. That the sudden acceleration was the proximate cause of the accident. (Please note that it wasn't even enough to create reasonable doubt in the criminal trial)

And even more difficult-
3. That the sudden acceleration was due to a design defect, and not to 10 years wear and tear.

[NNN0LHI]

7. deleted by poster

[Omaha Steve]

8. Racial predjudice was a bigger influence on the jury and a pound of flesh

And it was long before any of the problems with Toyota and runaways were public knowledge.

On the lawsuits. I'm sure whatever conclusion the team from NASA (NHTSA doesn't have a high tech team) decides will weigh heavily on proceedings down the road. IF they can't find a problem, Toyota has redemption. Most of Toyota's problems are because they choose to be deceptive with the US Government and their buyers.

Chrysler's swift recall shows effect of Toyota PR debacle: http://www.latimes.com/business/la-fi-chrysler-recall-20100605,0,6325978.story

[proud2BlibKansan]

5. The car just exploded?

Like this car that was known to just explode when rear ended?