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TOYOTA CRASHWORTHINESS
CASE SETTLED

Discovery revealed that Toyota was well aware of the stability defect demonstrated by our computer simulation. In 1989, Toyota developed a "fish hook" test to determine how the 4Runner would perform in an emergency maneuver. The "fish hook" test involves driving a vehicle on flat, dry pavement at a predetermined speed and abruptly turning the steering wheel to the left 180 degrees and then back to the right 360 degrees. During Toyota's "fish hook" test, the 1988 Toyota 4Runner, which is identical to the 1987 model, rolled over at 32 miles per hour. The 1985 Jeep Cherokee and the 1985 Chevrolet S10 Blazer were tested along with the Toyota 4Runner, but neither of these vehicles rolled over at any speed tested.

On March 16, 1989, shortly after conducting the "fish hook" tests, Toyota made a presentation to the National Highway Traffic Safety Administration's ("NHTSA") Roll- over Committee, which was in the process of evaluating a petition for a Federal Motor Vehicle Safety Standard relating to rollover prevention. Toyota informed NHTSA that the "fish hook" test was "more suitable for simulating real world emergency driving conditions" and was the best test for determining whether vehicles will roll over if subjected to emergency maneuvers. Yet, Toyota waited until the 1996 Toyota 4Runner was designed before it utilized the "fish hook" test during development of the new design which corrected the stability defects revealed in its 1989 testing.

In addition to designing an extremely unstable vehicle,

Toyota further compromised the safety of the 1987 Toyota 4Runner by covering the rear portion of the vehicle with a fiberglass roof. All 1984 through 1989 Toyota 4Runners are equipped with fiberglass roofs. The 4Runner is not the first vehicle manufactured by Toyota with a fiberglass roof structure.

On March 16, 1989, shortly after conducting the "fish hook" tests, Toyota made a presentation to the National Highway Traffic Safety Administration's ("NHTSA") Roll-over Committee, which was in the process of evaluating a petition for a Federal Motor Vehicle Safety Standard relating to rollover prevention. Toyota informed NHTSA that the "fish hook" test was "more suitable for simulating real world emergency driving conditions" and was the best test for determining whether vehicles will roll over if subjected to emergency maneuvers. Yet, Toyota waited until the 1996 Toyota 4Runner was designed before it utilized the "fish hook" test during development of the new design which corrected the stability defects revealed in its 1989 testing.

In addition to designing an extremely unstable vehicle, Toyota further compromised the safety of the 1987 Toyota 4Runner by covering the rear portion of the vehicle with a fiberglass roof. All 1984 through 1989 Toyota 4Runners are equipped with fiberglass roofs. The 4Runner is not the first vehicle manufactured by Toyota with a fiberglass roof structure.

In 1958, Toyota began marketing Toyota Land Cruisers with fiberglass roofs. In 1973, a Montana jury found that the fiberglass roof structure on the 1969 Toyota Land Cruiser was unreasonably dangerous and defective after an occupant of the vehicle was ejected and killed when the roof came off during a rollover accident. The jury's decision in that case and countless other lawsuits had no affect on Toyota's decision to manufacture 1984 through 1989 Toyota 4Runners with fiberglass roofs.

Moreover, Toyota's preproduction testing of the 1984 Toyota 4Runner with a fiberglass roof revealed that the roof was likely to detach in a rollover accident unnecessarily exposing occupants to injury and death. As part of its development of the 1984 4Runner, Toyota conducted dynamic rollover tests of a Chevrolet Blazer and a Ford Bronco, both of which were equipped with fiberglass roofs. The roofs on both vehicles came off during the tests.

Toyota then conducted dynamic rollover tests on prototype 1984 Toyota 4Runners to determine whether its fiberglass roof would also come off during a rollover accident. In all, Toyota conducted five such tests, two of which resulted in the roof detaching from the vehicle while the other three sustained significant cracks to the fiberglass. Lynn Johnson and Patrick Hamilton litigated this case and are currently handling several other crashworthiness cases.


TENTH CIRCUIT UPHOLDS WOLFGANG VERDICT

high rate of speed causing a rupture in the fuel line. As a result of the impact, Wolfgang lost consciousness and suffered head injuries. While Wolfgang lay motionless in the race car, the leak supplied a fuel-fed fire necessitating an immediate and effective fire fighting and rescue response. The response was not forthcoming, however, and Mr. Wolfgang suffered career-ending burn injuries to his legs and feet before being extracted by bystanders.

The defendants, World of Outlaws, Inc., the world leader in sprint car racing and fourth largest sanctioning body in auto racing, and Lakeside Speedway appealed alleging numerous errors by the trial court.

The opinion deals with multiple issues and provides an interesting read for anyone practicing personal injury law in Kansas. Among other things, the court determined that the defendants were not permitted to introduce an alternative jury instruction on negligent conduct to illustrate the different, higher standard of wanton conduct plaintiffs were required to prove. In denying defendants' request to compare Mr. Wolfgang's fault for the crash and the lack of proper equipment, the court distinguished between the defendants' fault in producing the burn injuries and Wolfgang's fault which produced the other injuries which were not claimed as damages in the case. The court also provided some clarification on the economic and noneconomic components of loss of services damages under Kansas law.

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