Noriko Uno is afraid of driving fast and often avoid highways and take the same route every day of upland cotton from her home and her family's sushi restaurant. She put only 10,000 miles on her 2006 Camry, in about four years.
So when her car unintended acceleration speeds up to 100 mph on the streets at 30, 66-year-old posted limit bookkeeper everything she can to slow down, step on the brake pedal and pull the emergency brake handle , because she swerved to avoid other vehicles.
Uno was killed when her car went into a median and hit a telephone pole and a tree.
She is the first so-called "leader" to go on trial in the case, Toyota Motor Corporation can decide whether it should be held liable for sudden unintended acceleration in its vehicles - the driver troubled Japanese car manufacturer, and lead to litigation claims , the number of settlements and the recall of millions of cars and SUV.
"Garo Mardirossian, who is a lawyer on behalf of Uno's husband and son, said:" Toyota decided to put safety option instead of standard on their vehicles. "They decided to save a few bucks, and by doing so, it cost lives."
Toyota says that there is no defect, Uno's Camry. The auto manufacturers have been accused of such a collapse of the accelerator stuck trapped, floor mats, accelerator pedals and driver error. The company has resolved some unnatural death case and agreed to pay more than 10 billion U.S. dollars, the Toyota recall, because of the sudden acceleration problem solving litigation owners said that the value of their vehicles plummeted.
Uno trial jury selection begins Monday, is expected to last two months. The lawsuit represents the first case of a leader, which is selected by a judge in state court to help predict the possibility of other similar claims litigation outcome.
Other cases, this year is expected to go on trial in state court, including at Oklahoma State and one other in Michigan. There are more than 80 state courts in similar situations.
Toyota litigation in state and federal courts have their own ways, and both sides agreed to settlements so far. In Orange County, a federal judge in wrongful death lawsuits and economic losses have been consolidated. He is expected to give final approval next week, the economic loss settlement.
Federal lawsuit contend that Toyota's electronic throttle control system is flawed, resulting surge in vehicle accidents. Plaintiff's lawyers have deposed Toyota employees, reviewing software code, and details of the thousands of documents.
Toyota has denied the allegations, and neither is the U.S. National Highway Traffic Safety Administration also found no electronic NASA evidence of the problem. Scheduled for November in the leading case, a trial.
Uno's trial will likely focus on why the Toyota does not have a mechanism to override the accelerator, if the Camry sold in the U.S. auto manufacturers to brake override system in its European fleet accelerator and brake pedal pressed simultaneously, Mardirossian said .
Toyota said Uno vehicle equipped with a "state of the art braking system and denies any defects played a role in her death.
"We are confident that the evidence will show, brake override system will not prevent this accident, there is no defect Uno wife's vehicle, car manufacturers, said:" In a statement on the eve of trial.
Legal observers say Uno's lawyer does not have to prove anything is wrong vehicle, but the brake priority system, this accident could have been avoided.
"If the plaintiff succeeded in persuading the jury is not human error, which is attributed to cars, I think they have a strong case," Gregory said Keating, University of Southern California law professor. "Jurors, when the driver, there is a strong possibility that the car should not be controlled in this way does not."
Toyota has been successful in court. Two years ago, a federal jury in New York found that in 2005 crashed on the floor mat or defective electronic throttle system, the driver accused of car manufacturers do not bear any responsibility.
It is nearly four years ago, Uno, who was grocery shopping and deposition receipt from the restaurant, when he died. Witnesses told police they saw Uno turn to avoid hitting oncoming truck, according to the lawsuit.
Mardirossian said Uno is a cautious driver, neither floor mats or driver error to blame. He said witnesses heard Camry car engine and see brake lights on and off. Pull the handbrake "zero effect", Mardirossian said.
"Imagine, tied her to her Toyota Camry driving 100 mph to know the next move would be fatal," he said. "She saved many lives, into the center median, knowing that death is near veering."
San Diego suburb of the highway, when their 2009 Lexus ES 350 reaches more than 120 miles of speed, hit a sport utility vehicle on the same day - August 28, 2009 - off-duty California Highway Patrol and Mark Seiler three family members were killed introduced embankment, rolled several times, burst into flames. 911 arrested Saylor's brother to tell others to pray before the car hit.
, Which makes the luxury Lexus brand, Toyota agreed to pay a $ 10 million lawsuit filed by the families of the victims. Inquiry into the collapse led to the recall of millions of Toyota vehicles. Investigators say a wrong-sized floor mat trapped the accelerator caused the accident.
Uno family lawsuit, claiming product liability and negligence, seeking general and punitive damages. Mardirossian said, Uno's relatives want to have a jury decide the collapse was not her fault.
"They want to be sure to clear the names of their loved one," he said.
 



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