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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 Toyota's Deceit. Show all posts
Showing posts with label Toyota's Deceit. Show all posts

Saturday, November 16, 2013

Route 44 Toyota's Snoozey Dooze.....

When the LEMON LADY purchased the ROUTE 44 TOYOTA LEMON......




...and it became apparent that driving a TOYOTA LEMON with NO BRAKES jeopardized others.....


..a lawsuit was filed in 2012....

 


Toyota U.S.A. snoozed.....




...rudely awakened....



...MS. TOYOTA U.S.A. traveled to Massachusetts, arrived late......chased the other attorneys across the Plymouth County Court parking lot as a consequence....




..to request a delay of a few months because of TOYOTA U.S.A.'s slumber.....

Toyota: This Gets Betterer and Betterer! #3


...then the TOYOTA U.S.A. KING OF CONFLICT stepped in.....





May 1, 2013....scheduling conflict....





May 2, 2013....MR. ROUTE 44 TOYOTA ATTORNEY....WITNESS PROTECTION MOTION....



June 12, 2013.....MR. TOYOTA U.S.A. .....SCHEDULING CONFLICT......




July 12, 2013....MR. ROUTE 44 TOYOTA.....THE BULLY....DEALERS' CONVENTION......






July 12, 2013....MR. TOYOTA U.S.A. seeks WITNESS PROTECTION......

 
 
Dilly, Dally, Delay, Stall & Bill 'Em have deforested forests.....




....buried innocent victims in paperwork.....



...and spent far more than my LEMON TOYOTA was worth traveling from Albany....


.....meanwhile.....never underestimate......

 
 
TOYOTA U.S.A. screwed up ..... 
 
 
 
When Big Corporations lament the cost of LITIGATION....THEY CAUSED IT!
 
This is about ROUTE 44 TOYOTA'S ILLEGAL BUSINESS PRACTICES in addition to the ROUTE 44 TOYOTA SOLD ME A LEMON.
 
 
 
 
Stay tuned....there's more!


Wednesday, November 13, 2013

What Toyota Did

Below is an article about the TOYOTA SOFTWARE DEFECTS.

Let's remember that TOYOTA'S LIES and DECEPTION caused injuries and deaths in the most horrifying ways, destroying families.

Instead of correcting software errors or adding protection, TOYOTA U.S.A. with the complicity of NASA and/or NHTSA multiplied the human toll.










EE Times Community Weighs In on Toyota Case

11/7/2013 08:25 AM EST


MADISON, Wis. — Toyota's unintended acceleration case, recently tried in Oklahoma and resulting in a jury verdict that found Toyota liable, exposed key discoveries by embedded systems experts who had access to Toyota's "electronic throttle" source code.
 
New findings include defective software that contains bugs, and -- in the 2005 Camry -- an electronic throttle control system with inadequate safety architecture, whose design created a single point of failure with no redundancy in place.

At this point, EE Times does not have access to the 800-page report, which concluded that misbehavior by Toyota's electronic throttle control system was a cause of unintended acceleration, filed by Michael Barr, CTO of Barr Group. Barr also served as an expert witness in Oklahoma.
(The full report is in the hands of several lawyers. A redacted version of the report was filed in US District Court in Santa Ana, Calif., in St. John v Toyota on April 12, 2013, according to Barr.)
But based on the court transcript of the Oklahoma trial and interviews with experts, EE Times has reconstructed what the jury heard.

EE Times has posted a series of stories examining technical issues. They included a bit flip caused by memory corruption; the death of "Task X," which ultimately caused loss of throttle control and also a disablement of a number of the fail-safes; what components were (or were not) inside Camry's electronic control module; and what the regimen of vehicle testing ultimately found.

As a result, expert witness testimony during the Oklahoma trial -- now in public record, thus published by EE Times -- has opened the door to lively debate among EE Times community members.

Our readers discussed:
  • Their own struggle with "probabilities" (software can never be 100 percent free of bugs, and there are ways to mitigate errors, but how far they must go to lower that probability)
  • Compliance with software programming and automotive electronics standards
  • Whether today's complex automotive software needs a peer review
  • What roles NHTSA should play in the future
  • Inadequate design and testing done by Toyota engineers
  • Black boxes in cars
  • The driver's responsibility

They also discussed the safety of the emerging self-driving cars, especially after hearing about the faulty software in the Toyota case.

Many EE Times readers are engineers engaged in designing systems or chips -- safety critical or not. EE Times readers took Toyota's unintended acceleration case to heart. After all, Toyota's failures, pointed out by the expert witnesses, aren't just Toyota's problems. Its failures are, to a degree, very relevant to all the hard choices engineers make when designing software and hardware architecture for their systems.

EE Times offers a summary of what EE Times community members have learned, argued, and suggested on the EE Times forum on Toyota's unintended acceleration case.

All about probabilities?

The issue of probabilities came up often in a number of threads on the Toyota case at our forum. How often does an error happen? Assuming such an error (e.g., bit flip) happens so rarely, our readers asked a legitimate question: How low is low enough when it comes to the probability of failures? As engineers dealing in probabilities every day, they're concerned about the implications for future design of critical safety systems.

Frank Eory
Suppose that the engineers carefully SEU (considered single event upsets), and included fairly powerful ECC (error-correcting code) to guard against its ill effects. Perhaps they even considered how much higher the SEU rate might be in a high-altitude city during peak solar flare activity. Is that enough? As I mentioned above, we're still dealing with probabilities that can never be zero.

I am in no way trying to defend buggy software or buggy hardware, I'm just asking, how far does one have to go, and will it ever be far enough?

 
LarryM99
I've worked around control software for nuclear devices, which obviously operate by a different set of rules than just about any other. One interesting safeguard is testing within the body of critical functions to ensure that the function was entered at the top, rather than as a random jump into the body of the code (potentially the kind of error that could result from cosmic rays)…

…If you look at modern automotive control systems they are beginning to introduce redundant voting controls. This is an effective way of effectively eliminating this type of error, be it from hardware or software.

 
sixscrews
… as I said before, there are millions of vehicles on the road with this defective software. The loss of control condition is not occurring very often or we would be seeing a lot of Camrys in the ditch or being hauled to the scrapyard.

Still, it CAN happen -- 'under what conditions?' is, perhaps, a question that cannot be answered. And maybe that points to the core of the issue -- the software that controls safety-critical systems must be deterministic, that is, it must do action Z in case Y in time t +/- tx where tx << t. Clearly the Toyota engine control software does not conform to this requirement. Why are we, as a society, letting Toyota off the hook here? Because it doesn't happen very often?
…It seems to me that Mr. Barr's work represents that unequivocal data -- this CAN happen and, as engineers, we all know that what CAN happen WILL happen sooner or later.

So, what is to be done?


Re: What happened at NASA? B. Benjaminson 11/12/2013 8:15:12 AM
The problem was not NASA. The problem was NHTSA.

The inside story goes as follows. I have heard the same narrative from three people, each in a very good position to know what really happened.

*************************************************************

NASA's efforts were sabotaged by certain known individuals within NHTSA from the start. After weeks of delay, the NASA scientists were given banker's boxes of random, unlabeled parts from Camrys that had not experienced any UA events. They were given '2 or 3' documents out of the tens of thousands Toyota produced for the govt. No engineering drawings. Then, just as they were getting started with their analysis and started finding questionable software design practices and tin whiskers, the guys from NHTSA seized the materials and told NASA the investigation was over.

There were witnesses to these events. Will they come forward publicly?

This is an issue that should be investigated by the U.S. Dept. of Transportation's Inspector General.

*************************************************************

From this and from much other direct evidence that I have, it seems pretty clear that NHTSA and Toyota were way too cozy, to put it mildly, and the public has suffered.

Since then, the NHTSA official who presided over this affair, Ron Medford, has left NHTSA and is now in the "safety director" of the self-driving car project at Google that features a Prius. Hmmm.

Betsy


 

Tuesday, November 12, 2013

Toyota LIES: “reckless disregard of the rights”.....

How many more innocent people will TOYOTA U.S.A.  terrorize, injure or kill before they correct their problems?



Toyota Sudden Unintended Acceleration lawsuit ends in landmark verdict

posted on:
November 5, 2013
author:
Jere L. Beasley
 


Our law firm tried the first sudden acceleration lawsuit last month against Toyota involving the Camry’s electronic throttle control system. An Oklahoma City jury returned a multi-million dollar verdict after a three-week trial in favor of Jean Bookout and the family of Barbara Schwarz. Mrs. Bookout was seriously injured and Barbara Schwarz was killed when the Bookout’s 2005 Toyota Camry surged out of control and crashed. Mrs. Bookout and the Schwarz estate sued Toyota Motor Corp. and Toyota Motor Sales in an Oklahoma state court. Defects in the car’s electronic throttle control system (ETCS) were directly responsible for the Camry’s sudden acceleration and resulting crash.
 
We proved at trial that the software that controlled the ETCS was defectively designed and failed to conform to industry standards. Moreover, the jury was convinced that Toyota was fully aware of problems with the system, but concealed them from the National Highway Traffic Safety Administration (NHTSA), the public and its customers. After the introduction of the ETCS in 2001, NHTSA put Toyota on notice of a 400 percent increase by 2004 of unintended acceleration (UA) claims involving the Camry. In searching its own database, when using the term “surge,” Toyota found 60,000 claims. But in reporting to NHTSA, Toyota removed the search term “surge” and only used the term “mat,” which resulted in only 124 claims being reported to the government agency.
 
This was a deliberate move on Toyota’s part and was designed to hide a known defect.
 
Internal emails showed that Toyota employees worked extremely hard to “coach” NHTSA to use Toyota’s language when completing unintended acceleration investigations. Toyota contained the escalating UA claims by convincing NHTSA that the claims were caused by loose all-weather floor mats or a sticky pedal defect related to pedals provided by one supplier. James Lentz, president of Toyota’s U.S. based company, told Congress in 2010 that floor mats and sticky pedals were not related to 70 percent of the unintended acceleration claims. In its investigation, Congress also determined that floor mat recalls and sticky pedal recalls only addressed 16 percent of the UA claims.
 
Although NASA investigated Toyota’s software, Toyota withheld certain important software source code from NASA and misrepresented the existence of vital memory protection characteristics of the Camry throttle control system.
 
Toyota denied that the ETCS was defective and argued that Mrs. Bookout accidentally pressed the accelerator instead of the brake pedal. But Toyota could never explain why the Bookout vehicle left a 150-foot skid mark from a locked right rear tire prior to impact. Mrs. Bookout had first applied the service brakes and then pulled the parking brake, but she couldn’t stop the car. Toyota’s own litigation testing proved the vehicle should have stopped before its impact with a dirt bank if everything was functioning properly.
 
The jury found the Toyota software defective and answered a question on the verdict form finding that Toyota acted in “reckless disregard of the rights” of Plaintiffs. The software in the Toyota Camry that controlled the ETCS was poorly designed and did not conform to industry standards. This was the first personal injury and wrongful death case to go to trial that blamed the Toyota UA problems on electronic throttle control defects.
 
Toyota’s conduct from the time the ETCS was designed has been shameful. This jury had the courage to let Toyota and the public know that Toyota was reckless and that the automaker had covered up a known defect in the ETCS. Hopefully, Toyota will recall all of their questionable vehicles and install a computer system in its vehicles that will be safe.
 
The jury returned a landmark verdict for the Plaintiffs in the first phase of the trial, and we were all was set to proceed to the second phase to determine the amount of punitive damages to be awarded.
 
But after the compensatory damages verdict, Toyota’s lawyers approached us and requested a settlement. We were able to resolve the entire case for a confidential amount for both Mrs. Bookout and the Schwarz estate.
 
Safety advocates have long contended that the UA problem is related to a defect in Toyota’s electronic throttle control software. Our firm was one of the first in the country to file a lawsuit against Toyota alleging that sudden unintended acceleration caused a personal injury and wrongful death. We were the first to take Toyota to trial on that issue. Hopefully, this result will cause Toyota to make safety a real priority in the design and manufacturing of vehicles.
 
Judge Patricia G. Parrish presided over the three-week trial. The following lawyers from our firm tried this landmark case: Jere L. Beasley, Cole Portis, Graham Esdale and Ben Baker. Larry Tawwater of The Tawwater Law Firm in Oklahoma City, and Paul Martin from Ponca City, Okla., were also involved with us in this extremely important case.
 
Interestingly, after the judge announced to the jury that the case had been settled, the jurors asked if they could stay around and discuss the trial. For more than two hours, Judge Parrish, the 12 jurors and our lawyers had a very good discussion about the case. It was obvious that this jury was ready to punish Toyota for its conduct and cover-up. We all learned a great deal by listening to the jurors’ assessment of the case.

 
 
 
 

Friday, November 8, 2013

Why should anyone trust anything Toyota says?

Click on  the link for a Must-Read article about the deceit of TOYOTA U.S.A. :


Trial exposed Toyota deceitfulness

"We proved at trial that the software that controlled the ETCS was defectively designed and failed to conform to industry standards. Moreover, the jury was convinced that Toyota was fully aware of problems with the system, but concealed them from the National Highway Traffic Safety Administration (NHTSA), the public and its customers." Jere I. Beasley, Beasley and Allen Law Firm

Toyota's friends at NHTSA jumped at the chance to champion NASA's "investigation" of Toyota's sudden, unintended acceleration, and we now have solid evidence that - as common sense dictated all along - NASA's "investigation" left much to be desired:

"Although NASA investigated Toyota’s software, Toyota withheld certain important software source code from NASA and misrepresented the existence of vital memory protection characteristics of the Camry throttle control system."