California Verdicts

Amount:

$10,000,000

Type:

Verdict-Mixed

State:

California

Venue:

Los Angeles County

Court:

Superior Court of Los Angeles County, Central Civil West

Injury Type(s):

Case Type:

Wrongful Death; Motor Vehicle – Stop Sign, Intersection, Multiple Impact; Products Liability – Automobiles, Design Defect

Case Name:

Yasuharu Uno and Jeffrey Uno on behalf of Noriko Uno v. Toyota Motor Sales U.S.A. Inc., Toyota Motor North America Inc., Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Corporation, R&C Motor Corporation dba Claremont Toyota,
No. JCCP4621

Date:

October 10, 2013

Plaintiff(s):

Jeffrey Uno (Male), 

Estate of Noriko Uno (Female, 66 Years), 

Yasuharu "Peter" Uno (Male)

Plaintiff Attorney(s):

Garo Mardirossian;
Mardirossian & Associates;
Los Angeles,
CA,
for
Jeffrey Uno, Estate of Noriko Uno, Yasuharu "Peter" Uno ■ Armen K. Akaragian;
Mardirossian & Associates;
Los Angeles,
CA,
for
Jeffrey Uno, Estate of Noriko Uno, Yasuharu "Peter" Uno

Plaintiff Expert(s):

John Tayek;
M.D.;
Endocrinology;
Torrance,
CA called by
Garo Mardirossian, Armen K. Akaragian ■ Neil Hannemann;

Vehicle;
Santa Ynez,
CA called by
Garo Mardirossian, Armen K. Akaragian ■ David Posey;
M.D.;
Biomechanics;
La Canada,
CA called by
Garo Mardirossian, Armen K. Akaragian ■ Viktor Eysselein;
M.D.;
Gastroenterology;
Torrance,
CA called by
Garo Mardirossian, Armen K. Akaragian ■ Richard Hille;

Accident Reconstruction;
Santa Ynez,
CA called by
Garo Mardirossian, Armen K. Akaragian

Defendant(s):

Olga Bello, 

R&C Motor Corporation, 

Toyota Motor Corporation, 

Toyota Motor Sales U.S.A. Inc., 

Toyota Motor North America Inc., 

Toyota Motor Engineering & Manufacturing North America, Inc.

Defense Attorney(s):

John J. Duffy;
Gray Duffy, LLP;
Encino,
CA,
for
Olga Bello ■ Mark V. Berry;
Bowman and Brooke LLP;
Torrance,
CA,
for
R&C Motor Corporation, Toyota Motor Corporation, Toyota Motor Sales U.S.A. Inc., Toyota Motor North America Inc., Toyota Motor Engineering & Manufacturing North America, Inc. ■ Vincent Galvin, Jr.;
Bowman and Brooke LLP;
San Jose,
CA,
for
R&C Motor Corporation, Toyota Motor Corporation, Toyota Motor Sales U.S.A. Inc., Toyota Motor North America Inc., Toyota Motor Engineering & Manufacturing North America, Inc. ■ Rene M. Faucher;
Gray Duffy, LLP;
Encino,
CA,
for
Olga Bello ■ Curtis E. Jimerson;
Bowman and Brooke LLP;
San Jose,
CA,
for
R&C Motor Corporation, Toyota Motor Corporation, Toyota Motor Sales U.S.A. Inc., Toyota Motor North America Inc., Toyota Motor Engineering & Manufacturing North America, Inc. ■ Anne O. Hanna;
Bowman and Brooke LLP;
San Jose,
CA,
for
R&C Motor Corporation, Toyota Motor Corporation, Toyota Motor Sales U.S.A. Inc., Toyota Motor North America Inc., Toyota Motor Engineering & Manufacturing North America, Inc.

Defendant Expert(s):

James Walker, Jr.;
Automotive;
Houston,
TX called by
Mark V. Berry, Vincent Galvin, Jr., Curtis E. Jimerson, Anne O. Hanna ■ Peter Cassini;
Neurology;
Palo Alto,
CA called by
Mark V. Berry, Vincent Galvin, Jr., Curtis E. Jimerson, Anne O. Hanna ■ Thomas Black;
Ergonomics/Human Factors;
Rancho Santa Fe,
CA called by
John J. Duffy, Rene M. Faucher ■ Douglas Young;
Ergonomics/Human Factors;
Los Angeles,
CA called by
Mark V. Berry, Vincent Galvin, Jr., Curtis E. Jimerson, Anne O. Hanna ■ Gregory Smith;
Accident Reconstruction;
Orem,
UT called by
Mark V. Berry, Vincent Galvin, Jr., Curtis E. Jimerson, Anne O. Hanna ■ Michael James;
Automobiles;
Orem,
UT called by
Mark V. Berry, Vincent Galvin, Jr., Curtis E. Jimerson, Anne O. Hanna ■ Stanley Schwartz;
Endocrinology;
Ardmore,
PA called by
Mark V. Berry, Vincent Galvin, Jr., Curtis E. Jimerson, Anne O. Hanna ■ Nicholas Carpenter;
Biomechanics;
Laguna Niguel,
CA called by
John J. Duffy, Rene M. Faucher ■ Catherine Corrigan;
Biomechanics;
Philadelphia,
PA called by
Mark V. Berry, Vincent Galvin, Jr., Curtis E. Jimerson, Anne O. Hanna

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 injuries 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.

The jury unanimously found that Bello’s negligence caused harm to the decedent’s husband and son and unanimously found that the decedent was not negligent. It also found, by a vote of nine to thee, that the design of the 2006 Camry was not a substantial factor in causing harm to the decedent’s husband and son. Thus, the jury awarded the plaintiffs $10 million in damages against Bello only.

Judge:

Lee Smalley Edmon

Demand:

$15 million (C.C.P. § 998) to Toyota from each Yasaharu Uno and Jeffrey Uno; $2.75 million (C.C.P. § 998) to Bello from each Yasaharu Uno and Jeffrey Uno

Offer:

None reported

Trial Length:

10
 weeks

Trial Deliberations:

4.5
 days

Jury Vote:

12-0 as to Bello’s negligence; 9-3 as to Toyota’s negligence

This report is based on information that was provided by plaintiffs’ counsel and counsel for the Toyota defendants. Bello’s counsel did not respond to the reporter’s phone calls.