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$10,000,000 RECORD VERDICT FOR WOMAN KILLED IN A RUNAWAY TOYOTA
BY STAFF
- POSTED ON OCTOBER 30, 2013POSTED IN: ARMENIA, NEWS
Los Angeles - On October 10, 2013, after a hard fought nine week long
trial, a Los Angeles jury returned its verdict awarding $10,000,000 to
the husband and son of Noriko Uno, a 66 year old woman who was killed
on August 28, 2009, when her 2006 Toyota Camry took off at speeds up
to 100 miles per hour for over half a mile after being struck by a
Lexus driven by Olga Bello.
Garo Mardirossian and Armen Akaragian represent Mrs. Uno's husband
Peter(71), and her son Jeffrey(37), sued Toyota Motor Corporation
and Olga Bello claiming that Olga Bello caused the initial accident,
and that Toyota should have installed a brake override safety feature
in the 2006 Camry that could have saved Mrs. Uno's life.
Garo Mardirossian has won several multimillion dollar and eight
figure jury trial verdicts in product liability, civil rights and
general negligence cases. In 2000 Garo was chosen as Trial Lawyer of
the Year by CAALA, the largest local bar organization in America. In
2010 he served as president of CAALA. In 2013 he was named as Top 100
lawyers in the state of California by the Daily Journal the largest
legal publication in the state. Garo along with Armen Akaragian are
graduates of Holy Martyrs Ferrahian high school.
The incident occurred at 4:00 p.m. on August 28, 2009. Noriko Uno was
driving her 2006 Toyota Camry southbound on Euclid Avenue, in Upland,
California, when the driver side of her car was struck by a Lexus
driven by Olga Bello. Olga Bello failed to stop at a posted Stop sign
on westbound 23rd Street. As a result of this impact, Mrs. Uno's
Camry spun 170 degrees and immediately sped away from the scene,
travelling at a high rate of speed for over a half mile southbound in
the northbound lanes of Euclid Avenue. Finally, to avoid a head-on
collision with oncoming northbound vehicles, Mrs. Uno turned right
into the center median where her Toyota Camry struck a large tree
resulting in her death.
The brake override safety feature when activated will close the
acceleration throttle and bring the car to a stop. It is activated
whenever both the accelerator pedal and the brake pedal are pressed
at the same time. As Mr. Mardirossian told the jury in his opening
statement, "With the brake override safety feature, whenever the
accelerator and brake pedal are pressed at the same time, the brake
immediately becomes the "BOSS" and stops the car to avoid serious
injuries or death."
Garo Mardirossian called over 2 dozen witnesses to the stand, most
notably, Mr. James Lentz, the Chief Executive Officer of Toyota Motor
Corporation North America. Mr. Lentz admitted to the jury that brake
override technology was installed on Toyota models sold overseas as
early as 2001, and became standard equipment on all new models by
the end of 2010. Toyota's CEO, Mr. Lentz, did not know why the brake
override safety feature had not been included in 2006 Camry's sold
in the United States.
The Uno family expert witnesses testified that, at the time of the
driver side impact from the Bello vehicle, the top of Uno's right foot
slipped sideways and became stuck behind the brake pedal with her heel
pressing the gas pedal. With her right foot stuck in this manner, Mrs.
Uno had no acceleration control over the Camry and was unable to
remove her foot or slow the vehicle. As a result, after impact from
the Bello car, Mrs. Uno's Camry was propelled on a half-minute journey
the wrong way on Euclid Avenue at speeds up to 100 miles per hour.
Mrs. Uno must have attempted to apply the brake pedal with her left
foot, which would have activated the brake override and automatically
slowed the vehicle. However, unfortunately Toyota had not equipped
Mrs. Uno's 2006 Toyota Camry with the brake override safety feature.
Plaintiff expert automotive engineer and race car driver Neil Hannemann
testified that Toyota's brake override technology, which was available
on some of Toyota's models sold overseas since 2001, begins to stop
the car half-a-second after the brake is depressed with 20 pounds of
force at the same time as the gas pedal.
Another plaintiff's expert, accident reconstructionist Richard Hille,
said tire marks along Euclid Avenue prove that Mrs. Uno attempted to
stop the Camry and also pulled the emergency brake in an effort to
slow the speeding Camry.
Witnesses traveling northbound on Euclid Avenue, near 21st Street,
testified that Mrs. Uno made a sudden right turn into the center
median to avoid a head-on collision with them. In the center median
Mrs. Uno's Camry struck a larger pepper tree resulting in her death.
At the scene, police photographed the emergency brake of Mrs. Uno's car
in an up position, indicating that Mrs. Uno had pulled the emergency
brake in an effort to slow the speed of the Camry.
Bello and Toyota contended that Mrs. Uno was confused and pressed the
wrong pedal after the Bello impact because she was taking insulin for
Type 2 diabetes causing hypoglycemia or was confused due to a liver
condition. The defense also contended that Mrs. Uno never used the
service brake or the emergency brake after the Bello impact, and that
the brake override safety feature would not have made a difference
during the incident even if Toyota had provided brake override in Mrs.
Uno's Camry.
Olga Bello contended that Mrs. Bello's impact with the Camry was very
insignificant, likening it to a amusement park bumper car contact and
could not have caused any injury beyond temporary soft tissue aches.
The jury deliberated for four and a half days on the question
of whether Toyota Motor Corporation should be found liable for
the death of Mrs. Uno, and was deadlocked on that issue. Finally,
the jury found by a vote of 9 to 3 that Toyota should not be found
liable. Unlike a criminal proceeding, in which a unanimous vote of 12
jurors is required, in a civil case such as this a vote of 9 jurors
is sufficient to resolve any question put to the jury for decision.
Ninety minutes later the jury found that Olga Bello is liable for
the death of Mrs. Uno and awarded $6,000,000 in favor of Mrs. Uno's
husband Peter, for his past and future loss of Mrs. Uno's love,
society and companionship, and the jury awarded $4,000,000 in favor
of Mrs. Uno's son, Jeffrey.
The Uno family was vindicated by the jury's finding that Mrs. Uno was
not negligent in any manner concerning the cause of the accident or
cause of her death.
GARO MARDIROSSIAN
__________________________________________________ __
Mr. Mardirossian's extensive trial experience and winning record
include numerous jury verdicts in the field of defective product
design. Among the jury verdicts obtained by Mr. Mardirossian in trials
against product manufacturers are the following:
Thienmanne v. Nissan Motor Corporation, October, 1997
On May 20, 1992, a LAPD patrol car responding to a 911 call struck the
driver side of a 1992 Nissan Stanza operated by Piraporn Thienmanee,
a 16-year old unlicensed, Thai visitor and student. The impact caused
the driver door of Ms. Thienmanee's car to open and her car to spin
counter-clockwise. As the impact forces moved Ms. Thienmanee's body
leftward toward the open door of her vehicle, her shoulder belt
engaged Ms. Thienmanee's neck and head causing her to expire from
strangulation. In this action for wrongful death, Garo Mardirossian
established for the first time ever that the occupant restraint
system of the Nissan Stanza, which consisted of a motorized shoulder
harness and manual lap belt, was defectively designed in a manner
which contributed to the death of Ms. Thienmanee. At trial, the jury
awarded total damages in the amount of $3,150,000.
Gozukara v. Ford Motor Company, February, 2002:
On May 24, 1997, the Gozukara family was driving in their 1994 Ford
Explorer on the I-15 freeway to Las Vegas. When Mr. Gozukara braked and
swerved to avoid an encroaching vehicle, the Ford Explorer vibrated
violently causing loss of control before the Explorer rolled over
multiple times. Mrs. Gozukara was paralyzed from the chest down
and other members of the family suffered severe injuries. Garo
Mardirossian, as lead trial attorney for plaintiffs, established
that the Ford Explorer was defectively designed. The jury found the
1994 Ford Explorer to be defective in its propensity to roll over and
returned a verdict in favor of plaintiffs on liability, and the case
settled for $14,900,000.
Duan v. General Motors, (Month of Trial/Settlement), 2004
On August 15, 1999, the Duan family was traveling in a rented 1999
Chevrolet Astro van in Northern California when the van rolled over
three times, paralyzing Mr. Duan and causing moderate injuries to the
other occupants of the van. In this lawsuit plaintiffs' chief trial
attorney, Garo Mardirossian, obtained a court order requiring that
General Motors release to the public, for the first time, thousands
of GM documents concerning roof-crush in rollovers of vehicles.
Specifically, the much utilized but sealed Malibu I and Malibu II
test became public. After release of these previously undisclosed
documents by GM, this case resulted in a confidential settlement
reached after eight days of jury deliberations.
Pannu v. Land Rover North America, March 2009
On December 14, 2003, Sukh Pannu was driving his 1998 Land Rover
Discovery I on the westbound 118 freeway when a westbound car
encroached into his lane and made a minor impact with the passenger
side of his vehicle. As Mr. Pannu made an evasive maneuver the Land
Rover went out of control and rolled 2 ½ times on the freeway, causing
spinal injuries that rendered Mr. Pannu quadriplegic. At trial, as Mr.
Pannu's chief trial attorney, Garo Mardirossian proved that the
Land Rover Discovery I was defective in both its stability and roof
design, resulting in a judgment in favor of Sukh Pannu in the amount
of $21,654,000.
During his legal career, Garo Mardirossian has obtained many landmark
jury verdicts in a variety of legal disciplines on behalf of his
injured clients.
In Dole v. County of Los Angeles, a police brutality case, Mr.
Mardirossian obtained for his clients a jury verdict in the amount of
$24,850,000 - the largest judgment in history against the Los Angeles
County Sherriff's Department.
In the currently pending case of Frederick Ronald Thomas, Jr. v. City
of Fullerton, et. al., Mr. Mardirossian represents the father of
decedent Kelly Thomas, a mentally challenged young man who was beaten
to death by six officers of the Fullerton Police Department on July
5, 2011. Three of the officers will be criminally tried in November
of 2013.
In September, 2012, Mr. Mardirossian was recognized by the Daily
Journal as one of the top trial lawyers in the State of California. In
January, 2010, Garo Mardirossian served as President of the Consumer
Attorneys Association of Los Angeles (CAALA), which has nearly 3,000
members and is the largest local bar association in the United States.
Mr. Mardirossian has served on CAALA's Board of Directors for more
than 20 years. In 2000, Mr. Mardirossian received the honor of being
named CAALA's Trial Lawyer of the Year.
http://www.armenianlife.com/2013/10/30/10000000-record-verdict-for-woman-killed-in-a-runaway-toyota/
BY STAFF
- POSTED ON OCTOBER 30, 2013POSTED IN: ARMENIA, NEWS
Los Angeles - On October 10, 2013, after a hard fought nine week long
trial, a Los Angeles jury returned its verdict awarding $10,000,000 to
the husband and son of Noriko Uno, a 66 year old woman who was killed
on August 28, 2009, when her 2006 Toyota Camry took off at speeds up
to 100 miles per hour for over half a mile after being struck by a
Lexus driven by Olga Bello.
Garo Mardirossian and Armen Akaragian represent Mrs. Uno's husband
Peter(71), and her son Jeffrey(37), sued Toyota Motor Corporation
and Olga Bello claiming that Olga Bello caused the initial accident,
and that Toyota should have installed a brake override safety feature
in the 2006 Camry that could have saved Mrs. Uno's life.
Garo Mardirossian has won several multimillion dollar and eight
figure jury trial verdicts in product liability, civil rights and
general negligence cases. In 2000 Garo was chosen as Trial Lawyer of
the Year by CAALA, the largest local bar organization in America. In
2010 he served as president of CAALA. In 2013 he was named as Top 100
lawyers in the state of California by the Daily Journal the largest
legal publication in the state. Garo along with Armen Akaragian are
graduates of Holy Martyrs Ferrahian high school.
The incident occurred at 4:00 p.m. on August 28, 2009. Noriko Uno was
driving her 2006 Toyota Camry southbound on Euclid Avenue, in Upland,
California, when the driver side of her car was struck by a Lexus
driven by Olga Bello. Olga Bello failed to stop at a posted Stop sign
on westbound 23rd Street. As a result of this impact, Mrs. Uno's
Camry spun 170 degrees and immediately sped away from the scene,
travelling at a high rate of speed for over a half mile southbound in
the northbound lanes of Euclid Avenue. Finally, to avoid a head-on
collision with oncoming northbound vehicles, Mrs. Uno turned right
into the center median where her Toyota Camry struck a large tree
resulting in her death.
The brake override safety feature when activated will close the
acceleration throttle and bring the car to a stop. It is activated
whenever both the accelerator pedal and the brake pedal are pressed
at the same time. As Mr. Mardirossian told the jury in his opening
statement, "With the brake override safety feature, whenever the
accelerator and brake pedal are pressed at the same time, the brake
immediately becomes the "BOSS" and stops the car to avoid serious
injuries or death."
Garo Mardirossian called over 2 dozen witnesses to the stand, most
notably, Mr. James Lentz, the Chief Executive Officer of Toyota Motor
Corporation North America. Mr. Lentz admitted to the jury that brake
override technology was installed on Toyota models sold overseas as
early as 2001, and became standard equipment on all new models by
the end of 2010. Toyota's CEO, Mr. Lentz, did not know why the brake
override safety feature had not been included in 2006 Camry's sold
in the United States.
The Uno family expert witnesses testified that, at the time of the
driver side impact from the Bello vehicle, the top of Uno's right foot
slipped sideways and became stuck behind the brake pedal with her heel
pressing the gas pedal. With her right foot stuck in this manner, Mrs.
Uno had no acceleration control over the Camry and was unable to
remove her foot or slow the vehicle. As a result, after impact from
the Bello car, Mrs. Uno's Camry was propelled on a half-minute journey
the wrong way on Euclid Avenue at speeds up to 100 miles per hour.
Mrs. Uno must have attempted to apply the brake pedal with her left
foot, which would have activated the brake override and automatically
slowed the vehicle. However, unfortunately Toyota had not equipped
Mrs. Uno's 2006 Toyota Camry with the brake override safety feature.
Plaintiff expert automotive engineer and race car driver Neil Hannemann
testified that Toyota's brake override technology, which was available
on some of Toyota's models sold overseas since 2001, begins to stop
the car half-a-second after the brake is depressed with 20 pounds of
force at the same time as the gas pedal.
Another plaintiff's expert, accident reconstructionist Richard Hille,
said tire marks along Euclid Avenue prove that Mrs. Uno attempted to
stop the Camry and also pulled the emergency brake in an effort to
slow the speeding Camry.
Witnesses traveling northbound on Euclid Avenue, near 21st Street,
testified that Mrs. Uno made a sudden right turn into the center
median to avoid a head-on collision with them. In the center median
Mrs. Uno's Camry struck a larger pepper tree resulting in her death.
At the scene, police photographed the emergency brake of Mrs. Uno's car
in an up position, indicating that Mrs. Uno had pulled the emergency
brake in an effort to slow the speed of the Camry.
Bello and Toyota contended that Mrs. Uno was confused and pressed the
wrong pedal after the Bello impact because she was taking insulin for
Type 2 diabetes causing hypoglycemia or was confused due to a liver
condition. The defense also contended that Mrs. Uno never used the
service brake or the emergency brake after the Bello impact, and that
the brake override safety feature would not have made a difference
during the incident even if Toyota had provided brake override in Mrs.
Uno's Camry.
Olga Bello contended that Mrs. Bello's impact with the Camry was very
insignificant, likening it to a amusement park bumper car contact and
could not have caused any injury beyond temporary soft tissue aches.
The jury deliberated for four and a half days on the question
of whether Toyota Motor Corporation should be found liable for
the death of Mrs. Uno, and was deadlocked on that issue. Finally,
the jury found by a vote of 9 to 3 that Toyota should not be found
liable. Unlike a criminal proceeding, in which a unanimous vote of 12
jurors is required, in a civil case such as this a vote of 9 jurors
is sufficient to resolve any question put to the jury for decision.
Ninety minutes later the jury found that Olga Bello is liable for
the death of Mrs. Uno and awarded $6,000,000 in favor of Mrs. Uno's
husband Peter, for his past and future loss of Mrs. Uno's love,
society and companionship, and the jury awarded $4,000,000 in favor
of Mrs. Uno's son, Jeffrey.
The Uno family was vindicated by the jury's finding that Mrs. Uno was
not negligent in any manner concerning the cause of the accident or
cause of her death.
GARO MARDIROSSIAN
__________________________________________________ __
Mr. Mardirossian's extensive trial experience and winning record
include numerous jury verdicts in the field of defective product
design. Among the jury verdicts obtained by Mr. Mardirossian in trials
against product manufacturers are the following:
Thienmanne v. Nissan Motor Corporation, October, 1997
On May 20, 1992, a LAPD patrol car responding to a 911 call struck the
driver side of a 1992 Nissan Stanza operated by Piraporn Thienmanee,
a 16-year old unlicensed, Thai visitor and student. The impact caused
the driver door of Ms. Thienmanee's car to open and her car to spin
counter-clockwise. As the impact forces moved Ms. Thienmanee's body
leftward toward the open door of her vehicle, her shoulder belt
engaged Ms. Thienmanee's neck and head causing her to expire from
strangulation. In this action for wrongful death, Garo Mardirossian
established for the first time ever that the occupant restraint
system of the Nissan Stanza, which consisted of a motorized shoulder
harness and manual lap belt, was defectively designed in a manner
which contributed to the death of Ms. Thienmanee. At trial, the jury
awarded total damages in the amount of $3,150,000.
Gozukara v. Ford Motor Company, February, 2002:
On May 24, 1997, the Gozukara family was driving in their 1994 Ford
Explorer on the I-15 freeway to Las Vegas. When Mr. Gozukara braked and
swerved to avoid an encroaching vehicle, the Ford Explorer vibrated
violently causing loss of control before the Explorer rolled over
multiple times. Mrs. Gozukara was paralyzed from the chest down
and other members of the family suffered severe injuries. Garo
Mardirossian, as lead trial attorney for plaintiffs, established
that the Ford Explorer was defectively designed. The jury found the
1994 Ford Explorer to be defective in its propensity to roll over and
returned a verdict in favor of plaintiffs on liability, and the case
settled for $14,900,000.
Duan v. General Motors, (Month of Trial/Settlement), 2004
On August 15, 1999, the Duan family was traveling in a rented 1999
Chevrolet Astro van in Northern California when the van rolled over
three times, paralyzing Mr. Duan and causing moderate injuries to the
other occupants of the van. In this lawsuit plaintiffs' chief trial
attorney, Garo Mardirossian, obtained a court order requiring that
General Motors release to the public, for the first time, thousands
of GM documents concerning roof-crush in rollovers of vehicles.
Specifically, the much utilized but sealed Malibu I and Malibu II
test became public. After release of these previously undisclosed
documents by GM, this case resulted in a confidential settlement
reached after eight days of jury deliberations.
Pannu v. Land Rover North America, March 2009
On December 14, 2003, Sukh Pannu was driving his 1998 Land Rover
Discovery I on the westbound 118 freeway when a westbound car
encroached into his lane and made a minor impact with the passenger
side of his vehicle. As Mr. Pannu made an evasive maneuver the Land
Rover went out of control and rolled 2 ½ times on the freeway, causing
spinal injuries that rendered Mr. Pannu quadriplegic. At trial, as Mr.
Pannu's chief trial attorney, Garo Mardirossian proved that the
Land Rover Discovery I was defective in both its stability and roof
design, resulting in a judgment in favor of Sukh Pannu in the amount
of $21,654,000.
During his legal career, Garo Mardirossian has obtained many landmark
jury verdicts in a variety of legal disciplines on behalf of his
injured clients.
In Dole v. County of Los Angeles, a police brutality case, Mr.
Mardirossian obtained for his clients a jury verdict in the amount of
$24,850,000 - the largest judgment in history against the Los Angeles
County Sherriff's Department.
In the currently pending case of Frederick Ronald Thomas, Jr. v. City
of Fullerton, et. al., Mr. Mardirossian represents the father of
decedent Kelly Thomas, a mentally challenged young man who was beaten
to death by six officers of the Fullerton Police Department on July
5, 2011. Three of the officers will be criminally tried in November
of 2013.
In September, 2012, Mr. Mardirossian was recognized by the Daily
Journal as one of the top trial lawyers in the State of California. In
January, 2010, Garo Mardirossian served as President of the Consumer
Attorneys Association of Los Angeles (CAALA), which has nearly 3,000
members and is the largest local bar association in the United States.
Mr. Mardirossian has served on CAALA's Board of Directors for more
than 20 years. In 2000, Mr. Mardirossian received the honor of being
named CAALA's Trial Lawyer of the Year.
http://www.armenianlife.com/2013/10/30/10000000-record-verdict-for-woman-killed-in-a-runaway-toyota/