Lee's attorney fights Toyota over Camry involved in fatal crash

[Omaha Steve]

Source: MPR News

by Jessica Mador,

St. Paul, Minn. — Attorneys for St. Paul driver Koua Fong Lee are fighting to keep his car in Minnesota. This week Toyota demanded Lee's 1996 Camry -- the car Lee was driving when he crashed into another vehicle in 2006, killing three people.

The car is currently in storage, under the control of the St. Paul Police Department, and could be needed as evidence in future legal action.

Lee was released from prison three weeks ago, after a hearing which supported Lee's original testimony that his car suddenly accelerated on its own, causing the fatal crash. Toyota has been dealing for months with similar claims of unexpected acceleration in other models of its cars.

Lee's attorney, Brent Schafer, says attorneys for Lee and the victims' families are negotiating with Toyota on a protective order for the car, which is the subject of four lawsuits filed on behalf of the people killed and injured in the accident.

Read more: http://minnesota.publicradio.org/display/web/2010/08/25/toyota-car-crash/

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This June 10, 2006 photo shows a 1996 Camry driven by Koua Fong Lee that crashed into the back of an Oldsmobile Ciera in St. Paul, Minn. Lee said he could not stop the car. The Camry is older than those including in the recalls by Toyota for unintended acceleration problems. The crash killed three people and injured two others, all in the Oldsmobile. (AP Photo/St. Paul Pioneer Press, Thomas Whisenand)

[GETPLANING]

1. 1996 camry has a throttle cable, not a servo

Toyotas that have had uncontrolled acceleration problems all use an electronic throttle servo that is actuated by the engine management ECU.
So I have my doubts about this guy's argument.

[backtomn]

9. He claimed that he had breaking problems......

...not acceleration problems.....but was calculated to have been going 80 to 90 mph. The speed limit on the freeways in the Twin Cities is 55. So why claim a breaking problem while going 80?? I don't want the innocent to go to prison (true for most of us), but I still have some questions. He may be lucky.

[Xithras]

10. It's clear that his accident has no relation to Toyota's other reported problems.

It obviously wasn't a bad computer, but that doesn't negate the possibility of a carpet slip due to faulty design, or other design factors. Heck, it could have been something as simple as a sticky bushing in the throttle body.

No way to know without carving it apart.

Or, maybe, he was just speeding and not paying attention. No way to know that either.

[Omaha Steve]

2. Toyota to Koua Fong Lee: Hand over the Camry; Lee to Toyota: I don't have it

Source: Pioneer Press

Toyota Motor Corp. has subpoenaed the 1996 Camry driven by Koua Fong Lee at the time of a triple-fatal accident, ordering him to turn it over Wednesday morning.

But there's one complication: Lee doesn't have the car. It has been sitting in a St. Paul police impound lot since the June 10, 2006, crash.

"He can't comply with it," said Lee's criminal attorney, Brent Schafer. He and his wife "are beside themselves because they don't know what they're supposed to do."

Schafer said he would file a motion to quash the subpoena, which was sought in connection with the civil suits Toyota now faces for the accident.

Read more: http://www.twincities.com/ci_15879691?nclick_check=1

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See the FULL story!


A 1996 Toyota Camry driven by Koua Fong Lee that crashed into the back of an Oldsmobile Ciera at Snelling and Concordia Avenues on Saturday, June 10, 2006, (Pioneer Press: Thomas Whisenand, file)

[LiberalFighter]

3. Lee should subpoena them to provide properly working parts to the Toyota.

[pattmarty]

4. Koua Fong Lee to Toyota; "Fuck You"!!!

[localroger]

5. Shouldn't be a big deal

Stuff like this happens all the time where the court orders someone to hand over something they don't have. In this case it's dead simple for Lee; he can easily show why he can't comply with the subpoena. It's a lot more dicey when you honestly lose something that they think you're hiding, but he can show them the vehicle's actual location and the people whose custody it really is in, so that they can subpoena them instead.

It was really a very stupid move on Toyota's part to send the subpoena to Lee; their lawyers should have easily been able to find out who had possession of the car. All Lee has to do is show up in court and explain where the car is and who has control of it, and that discharges his obligation under the subpoena.

[DainBramaged]

6. First, if Toyota doesn't have ownership, they can go fuck themselves

And if I had the title, I'd be counter-suing them for attempted theft. These pricks think because they are Toyota they can push little people around.

[amandabeech]

7. Toyota just doesn't seem to get it.

Thanks for posting, OSteve.

[madrchsod]

8. the car is evidence in a criminal trial

toyota`s lawyers know mr lee can not turn over the car.