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Middleboro Review 2

NEW CONTENT MOVED TO MIDDLEBORO REVIEW 2

Toyota

Since the Dilly, Dally, Delay & Stall Law Firms are adding their billable hours, the Toyota U.S.A. and Route 44 Toyota posts have been separated here:

Route 44 Toyota Sold Me A Lemon



Showing posts with label Brent Schafer. Show all posts
Showing posts with label Brent Schafer. Show all posts

Friday, February 6, 2015

2 sentenced to prison after fatal TOYOTA accidents




VIDEO ON LINK

Local attorney works to free pair

2 sentenced to prison after fatal accidents



CORPUS CHRISTI - To Corpus Christi attorney Bob Hilliard, the case against Toyota is about more than just winning judgments for the clients he represents in civil cases against the Japanese automaker. It's also about freeing those who he believes are the wrongfully imprisoned.
 
Hilliard has signed on to help two men serving prison time as the result of fatal crashes involving 1990s model Toyota Camrys.

One of those cases is that of Koua Fong Lee, a 32-year-old St. Paul, Minn., man serving an eight-year sentence. He was convicted in 2007 of criminal vehicular homicide in connection with a 2006 crash that killed three people.

Lee has said all along that he tried to use the brakes to stop the car.

Hilliard said he contacted Lee's attorney when he learned about the case and offered to help.

"I said, ‘I'm happy to help pro bono. I have experts that can help prove that the problem is a defect that is in the car, not the man,' " Hilliard said.
 
Neither of the Camrys involved in the cases of the imprisoned men was on the recall list, something Hilliard doesn't think is a problem. He believes the accelerator issues go back farther than those on the recall list.

An inspection in April of Lee's vehicle found he had used the brakes but that there had been issues with the accelerator throttle and cruise control, he said.

Hilliard said he also has about a dozen affidavits from people who drove the same make and model as Lee's vehicle — a 1996 Toyota Camry — which confirm they, too, experienced incidents of sudden acceleration.

Hilliard has made at least half a dozen trips to Minnesota for the case. He's visited Lee in prison and met Lee's wife.

If Lee wins a new trial, Hilliard plans to be by his side in court. He also wants the people who signed the affidavits to testify about their experiences.

No hearing on the motion for new trial has been set, but many of the people already have said they'd be there.
 
Hilliard also is helping in the criminal case of Abdelfattah Marzouk, an Egyptian-American who is in prison because of a 2006 fatal crash in Tigard, Ore. He had been driving a 1994 Toyota Camry.

Hilliard hopes to exonerate Marzouk and show the crash was related to sudden acceleration. Officials there have agreed to reinspect Marzouk's vehicle.
 
His firm also was hired by the family of a Spring Arbor, Mich., man who was critically injured in a May 18 crash in Jackson County, Mich.
 
Christopher Ball, 37, was driving a 1996 Toyota Camry that struck the back of a tractor-trailer. Ball's car then spun and was struck by another tractor-trailer.
 
Authorities have said Ball was passing vehicles at a high rate of speed and traveling in a lane closed for construction, according to Jackson Citizen Patriot reports.
 
Hilliard said any possible ties to sudden, unexpected acceleration won't be known until Ball awakens from a coma.

HILLIARD'S OTHER CASES

Corpus Christi attorney Bob Hilliard is board certified in personal injury and civil trial law. In addition to his involvement in the recent Toyota suits, some of his other high-profile cases include:

Slough vs. Spohn

Hilliard represented the family of slain nurse Debra Slough, who was kidnapped from a Christus Spohn Hospital Shoreline parking lot on Sept. 11, 2005, and later found dead in Bee County. The lawsuit accused the health system of negligence in providing security. An undisclosed agreement was reached in 2007 during jury selection for the trial.

The ‘State School Fight Club' lawsuit

Hilliard is representing several of the facility's former residents in a lawsuit filed last year against several Department of Aging and Disability Services officials related to videotaped fights between residents with mental disabilities.

Davis vs. Ocwen
 
Hilliard has successfully tried two cases against Ocwen Loan Services, LLC on allegations of predatory lending. One involved a Corpus Christi home valued at $75,000 that resulted in a $3.5 million verdict. The second involved a Galveston home valued at $15,000 that ended with a $10 million jury verdict. His law firm also was liaison counsel in the multidistrict litigation in Texas against the company.

Sanchez vs. Brownsville Sports Center Inc.
 
Hilliard won a $30 million verdict against Honda in a 1998 lawsuit on behalf of the parents of a 10-year-old boy who died in an all-terrain-vehicle accident. The case was appealed to the Texas Supreme Court and later settled for an undisclosed amount.
Havner vs. Merrell Dow Pharmaceuticals

Hilliard was one of the attorneys for Marilyn and Ernest Havner who sued the drug company on behalf of their daughter, Kelly, on allegations the morning sickness drug, Bendictin, was to blame for the girl's birth defect. The Nueces County case resulted in a $33 million verdict in 1991 for the Havners but was later reversed by the Texas Supreme Court. It was the sister case to Daubert v. Merrell Dow, which the U.S. Supreme Court used in 1993 to establish a standard for admitting expert testimony in federal cases.
 
Source: Caller-Times archives; attorney Bob Hilliard;
 
 

http://www.caller.com/news/local-attorney-works-free-pair





Robert C. Hilliard


Hilliard Muñoz Gonzales LLP represents clients in mass torts, personal injury, product liability, commercial and business litigation, and wrongful death matters.

Mr. Hilliard’s cases have made headlines statewide and on the national level. His advocacy for victims of accidents caused by GM's defective ignition switch led to his appointment by Federal Judge Jesse Furman as co-lead counsel in the National GM Ignition Switch Litigation. This multi-district litigation is considered the single largest product liability litigation in US history. His representation of the parents of a Corpus Christi teenager who committed suicide due to extreme bullying at his high school focused a national spotlight on the menace of bullying in schools. He led the fight for justice for disabled residents of the Corpus Christi State School who were forced to take part in an infamous “fight club” for the amusement of some staff members. Mr. Hilliard’s other high-profile cases include:
  • Winning a $25 million verdict for a workplace brain injury (net to client: $1,475,000 | expenses: $250,000 | attorney fees: $1,360,000).
  • Winning a $21.5 million verdict for an auto accident victim who suffered a back injury (net to client: $1,699,033.30 | expenses: $310,145.13 | attorney fees: $1,360,000.00). This was the largest verdict awarded in 2012 in the U.S. for a car crash victim requiring back surgery - The National Law Journal
  • Successfully representing a 92-year-old woman who broke her hip when she was injured by a sliding door in a hospital. The jury awarded $6.4 million, which was the third highest verdict in Texas in 2011 (net to client: $1,694,663.86 | expenses: $92,836.14 | attorney fees: $1,462,500.00) - verdictsearch.com.
  • Representing the families of Mexican citizens (one an unarmed 15-year-old) killed by U.S. Border Patrol agents, which garnered international media and sparked a confrontation between President Calderon and Secretary of State Hillary Clinton
  • Winning two notable cases against Ocwen Loan Services for allegations of predatory lending
  • Helping free a Hmong man wrongfully convicted of criminal vehicular homicide in Minnesota. The Innocence Project of Minnesota honored Mr. Hilliard for his work by giving him the organization‘s first “Never Forgotten Award.” He was also named a finalist for the Public Justice Foundation’s prestigious “Trial Lawyer of the Year” award in 2011.
  • Serving as liaison counsel for the Plaintiffs’ Steering Committee against Toyota for the widely reported unintended acceleration litigation
  • Fighting for victims of the FEMA Trailer Formaldehyde incidents
  • Acting as lead counsel in a class action suit against H&R Block, which resulted in a rapid refund to approximately 300,000 Texans

Mr. Hilliard received his undergraduate degree in English literature from St. Edward’s University in Austin, Texas where he graduated summa cum laude. A four-year letterman in tennis, Mr. Hilliard won numerous awards and championships and was inducted into the
St. Edward's Athletics Hall of Fame. In 1983, he graduated with honors from St. Mary’s Law School in San Antonio. While attending St. Mary's Law School, he served as the associate editor of the St. Mary’s Law Journal. Upon receiving his Juris Doctor degree, Mr. Hilliard began his legal career at the Law Offices of Guy Allison in Corpus Christi. He established his own practice in 1985, which is now Hilliard Muñoz Gonzales LLP, and then Hilliard Shadowen LLC in 2012.

Mr. Hilliard has been featured on ABC World News Tonight, Good Morning America, FOX News, 60 Minutes and other national and international media. A 2011 cover story in NSIDE magazine called Mr. Hilliard, “The Champion.” That same year, Texas Super Lawyers magazine featured an article about him entitled, “The Bulldog.”






Wednesday, February 4, 2015

"How can you trust Toyota?"








When Justice Isn’t Justice: Jury Finds Toyota Guilty of Design Defect in ’96 Camry But Only 60% At Fault







And then there's the WHISTLE BLOWER that TOYOTA is trying to silence....do you wonder WHY?





Bob Hilliard's good question: "How can you trust Toyota?"





Doesn't there seem to be an increasing erosion of TOYOTA BRAND CREDIBILITY?






The Jury got part of it right!








JUST MY OPINION .... AT THE MOMENT!







Koua Fong Lee Freed From Prison After ABC News Reports to Get Toyota Payout







VIDEO ON LINK






http://abcnews.go.com/US/man-freed-prison-abc-news-reports-toyota-payout/story?id=28720252

Man Freed From Prison After ABC News Reports to Get Toyota Payout



Feb 4, 2015, 12:50 PM ET

By

A Minnesota man imprisoned for vehicular homicide but released after a series of ABC News reports on an apparent defect in some Toyota models will now receive hundreds of thousands of dollars from the car manufacturer, part of a multi-million dollar verdict against the company.

Late Tuesday car manufacturer Toyota was ordered to pay $11 million to the victims of a 2006 car crash that claimed the lives of three people and to Koua Fong Lee, the driver of one vehicle who was imprisoned for more than two years.
 
Lee was featured in an ABC News investigation into “sudden acceleration,” a phenomenon in which Toyota drivers said their vehicle could randomly take off on its own and could not be stopped. Ever since the deadly 2006 accident, Lee had maintained that his 1996 Toyota Camry was defective and that it wasn't his fault the car rammed into an Oldsmobile, killing three people, including two children.
 
Lee was freed from prison in 2010 and at the time his attorney, Bob Hillard, said it was “the result of the ABC report that brought the people to help us,” including dozens of witnesses who came forward with similar stories about unintended acceleration. A judge ruled then that there was enough new evidence for Lee to get a new trial, but prosecutors said they would not pursue him.
 

Late Tuesday, in a new suit against Toyota, a jury in Minneapolis found that the car maker was mostly – 60 percent – to blame for the 2006 accident because Lee’s Camry was defective, though the jury said Lee was still 40 percent at fault, according to The Associated Press.
“No amount of money… will bring my life back. My life is not the same anymore,” Lee said after the verdict, the AP reported. “I tried everything I could to stop my car.”
Of the $10.94 million Toyota has reportedly been ordered to pay, Lee is expected to receive $750,000.
In a statement provided to ABC News, Toyota said the company respects the jury’s decision, but believes "the evidence clearly demonstrated that Mr. Lee's 1996 Camry was not the cause of this unfortunate accident." The company said it would consider its legal options.


ABC News' Divya Kumar and The Associated Press contributed to this report.

 


$750,000? for 2 years of illegal imprisonment? ridiculous.
 
 


It goes beyond the 2 years imprisonment, It goes on for the rest of his life. 
As to illegality, I have to wonder what the jurors were thinking. A man, with no criminal or drug/alcohol history, leaves church, unimpaired by drugs or anything else, and decides to go off a highway ramp at speeds approaching 100 mph, rams at least 2 cars and kills 3 people because...WHY? 
The only reasonable explanation is his explanation, that the car malfunctioned. The conviction means that they decided that he was just an evil man. Why would they think that?
 




Manufacturing defect + Lee's account + others who had unintended acceleration in '96 Camrys = 100% Toyota's fault. But not to worry. Taxpayers will pay the bill for Koua's time in prison at the hands of admitted-crook Toyota. Real hoot that the Coverup King was allowed to submit sworn depositions re the manufacturing defect, which made it kinda hard to conduct a cross examination. I've been blogging about the "Toyota Way" for quite some time - search "Beware of Toyota. Their next victim may be YOU..."
 
 
 

Friday, January 30, 2015

Prison For a Defective TOYOTA?



Brent Schafer and Koua Fong Lee

 

 

 

 

Release of Koua Fong Lee

ABC NEWS: Toyota Driver Koua Fong Lee Released from Prison; No New Trial for Deadly Crash
CNN NEWS: Minnesota Judge Frees Minnesota Man
WCCO NEWS: Judge Frees Koua Fong Lee...Charges Dismissed

The Koua Fong Lee Story

Koua Fong Lee came to America with his family from a Thailand refugee camp in 2004, looking for a better life and an education. Instead, Mr. Lee has been serving an 8-year prison sentence for criminal vehicular homicide, following a 2006 car crash that killed three people.

Koua Fong Lee was returning home from church on June 10, 2007. He was driving a 1996 Toyota Camry. His pregnant wife sat beside him. His 8-year-old daughter, his brother and father sat in the backseat. He was traveling from Minneapolis to his home in St. Paul. The radio was off and he was not talking on a cellphone. He exited I-94 eastbound onto the Snelling Avenue exit ramp traveling at 50-55 mph. He took his foot off the accelerator and applied the brake as he approached the intersection of Concordia and Snelling Avenues. The brakes did not slow the Camry. Mr. Lee yelled to his family ”brakes not working!”

Mr. Lee continued to pump and press the brake pedal. The Camry would not slow but instead continued to accelerate. He moved from the most left lane of the ramp to the center lane, avoiding vehicles traveling in front of him. He then moved from the center lane to the far right lane of the ramp to avoiding hitting other vehicles traveling and stopped on the ramp. Mr. Lee continued to pump and press the brake pedal during these maneuvers. The was no place for him to go as he approached the intersection. The signal light was red and cars were stopped at the intersection. One was stopped in the far right lane and the other about two vehicle lengths off the intersection in the center lane. Mr. Lee observed a space between the two stopped vehicles. He attempted to negotiate his vehicle through the space. As he split the two vehicles, he sideswiped the vehicle in the center lane. The force of the initial collision redirected his vehicle into the rear driver-side of the second vehicle stopped in the far left lane. Mr. Lee's Camry recoiled back from the collision and then accelerated forward across the intersection of Snelling and Concordia. Mr. Lee struck the rear driver-side of another vehicle that was traveling northbound on Snelling. Mr. Lee's Camry came to rest against a fence across the intersection. Two people in the second vehicle struck by Mr. Lee's Camry died at the scene and another young girl died a year and a half later. Three others were seriously injured.

Investigators calculated that Mr. Lee's car was traveling 70 to 90 miles an hour when it slammed into the back of a stopped Oldsmobile, instantly killing Javis Adams, 33, and his 10-year-old son, Javis Adams Jr. Another passenger, 6-year-old Devyn Bolton, died from her injuries more than a year later.

After examining the vehicle, a mechanic found nothing wrong with the brakes. Prosecutors argued that Lee stepped on the gas, not the brake, and a jury agreed, convicting him of criminal vehicular homicide and sentenced him to 8 years in prison.

Lee fired his attorney following his conviction and retained Minneapolis Attorney Brent S. Schafer to represent him at the sentencing phase of the case. Schafer filed extensive documentation with the judge who would be sentencing Lee. Schafer requested and argued that Lee serve only 1 year in jail rather than several in prison, as required by Minnesota law. Following a lengthy sentencing hearing, the Judge disagreed with Schafer and sentenced Lee to spend 8 years in prison.

Attorney Brent S. Schafer says his client has always focused on the brakes as the problem. "He could only explain what happened in that he tried to apply the brakes and it didn't work and that the vehicle would only accelerate up the ramp," Schafer said.

In January of 2010, Schafer reopened the Lee case after numerous Toyota recalls for sudden unintended acceleration (SUA). Schafer teamed-up with a well known products liability attorney, Robert Hilliard of Corpus Christi, Texas. Together Schafer and Hilliard promised Lee that they would do whatever it took to gain his release and a new trial. Schafer soon discovered that Lee was not the only owner of a 1996 Toyota Camry that had accelerated out-of-control.

After Lee's story was reported in newspapers and news programs such as CNN, MSNBC, Good Morning America and World News Tonight, Schafer was flooded with letters, e-mails and calls from people all over the country who had experienced the same SUA as described by Lee. Schafer said, "It was at this point in time when I was absolutely convinced that there was an innocent man in prison."

This was a defective prosecution caused by a defective car." Schafer collected affidavits from over 50 late-model Toyota drivers throughout the United States, each one describing an experiencing during which their Toyota would accelerate out-of-control.

In April of 2010, Schafer and Hilliard filed a Petition for Post Conviction Relief seeking a new trial for Lee based upon the new evidence of SUA, the ineffective assistance of trial counsel and improper/wrong expert testimony during trial. In July, a Ramsey County District Court Judge granted Lee's request for a hearing to determine whether he was entitled to a new trial. The hearing was scheduled to begin on August 2, 2010.

On Tuesday, August 3, 2010 during the second day of an evidentiary hearing, two more victims of sudden acceleration testified that their vehicles sped out of control just like Koua Lee’s 1996 Toyota Camry. Expert witnesses also testified about important key facts -- reasons his lawyers say Koua Lee should be given a new trial. “From the moment Lee stepped out of the vehicle and was interviewed by the police officer at the scene he said he was pushing the brakes,” said defense attorney Bob Hilliard. “He said that through trial and his lawyer stood up and told the jury the exact opposite.” In the original trial, his attorney told a jury that Lee may have simply been confused. That he mistakenly pressed the gas when he thought he was hitting the brake. But Lee never gave his attorney permission to make that statement. “This is your lawyer telling the jury that you’re wrong,” said Hilliard. “That his client is wrong,”

Samuel Sero, a forensic engineer testified that Lee’s Toyota Camry was equipped with ABS brakes at the time of the accident. But the jury that convicted Lee of criminal vehicular homicide was told the car did not have anti-lock brakes. “That’s a big deal because they had to show the brakes were functioning properly so they put on testimony that Mr. Lee’s brakes were working and he said he was braking. If that was true he would have stopped.” Hilliard says, that would explain why there were no skid marks at the scene. A technical witness who inspected the car back in April testified the tail lights showed the brakes were being applied at the time of the crash. “Everybody, even the state’s experts agree that light, when you look at it today right now, shows that the light was on at the time of impact,” said Hilliard.

On August 5, 2010, the morning of the final day of the trial, the Ramsey County Attorney offered to release Mr. Lee and allow him to go home. However, the County Attorney would not agree to reverse the convictions and give Mr. Lee a clean criminal record. Accepting the offer would return Mr. Lee to his wife and four children but he would arrive back home a convicted felon on probation for nearly 15 years and a person not eligible for a driver's license for the next 10 years. Mr. Lee declined the offered. Later that day Lee sat quietly and watched Schafer stand before the Judge and lay out in detail the new evidence and other legal reasons that entitled Mr. Lee to a new trial.

At approximately 5:00 p.m. on August 5, 2010, in a highly anticipated decision by a Ramsey County, Minnesota Judge, Koua Fong Lee was granted a retrial and released from prison! Later that day, the Ramsey County Attorney announced that they would not be retrying Mr. Lee.

See the back-story on the Koua Fong Lee Toyota Case below:

ABC News Special Report with Brian Ross--Part 1
ABC News Special Report with Brian Ross--Part 2
CNN Minnesota Man Jailed for Fatal Toyota Accident...Defective Toyota?
- See more at: http://www.schaferlawfirm.com/noteworthy-cases/koua-fong-lee-toyota-case/#sthash.zJ398r65.dpuf