HDBDK Succesfully Defends Toyota in Product Liability Accident Case

HOUSTON, April 4, 2007 - Attorneys Kurt Kern, David Stone, and Brian Rawson of Hartline, Dacus, Barger, Dreyer & Kern, L.L.P. successfully defended Toyota Motor Corporation, Toyota Motor Sales, U.S.A., Inc., and McCall-T, Ltd. in a product liability case in Houston.

This case involved a two vehicle accident in which the 1998 Toyota 4Runner driven by Gert Rau was struck by another vehicle. The 4Runner went out of control, struck a curb and rolled over. Rau suffered severe head injuries and died. His wife, Jean Uy, was the passenger and received only minor injuries. The plaintiff brought suit against the Toyota defendants alleging various causes of action based on strict liability, negligence, and breach of warranty. The plaintiff claimed Mr. Rau’s death was caused by defects in the occupant protection of the 1998 4Runner. Specifically, the plaintiff’s designated experts, Martha Bidez and Louis D’Aulerio, provided opinions that the 4Runner’s seatbelt system was defective. The plaintiff’s theory was that Rau’s seatbelt locked during the initial crash, then unlocked during the rollover to allow approximately 10 inches of webbing payout causing his partial ejection. The plaintiff sought actual and punitive damages.

With the assistance of experts Robert Rucoba, Catherine Ford Corrigan, and Michael Klima, the Toyota defendants argued five main points: (1) the accident and resulting death of Gert Rau occurred because Mr. Rau and the driver of the other vehicle failed to properly operate their vehicles; (2) the 1998 Toyota 4Runner, including the driver’s side seatbelt system, was a well-designed, reasonably safe and thoroughly tested vehicle that met or exceeded all applicable Federal Motor Vehicle Safety Standards; (3) the evidence gathered at the accident scene and the physical evidence on the driver’s seatbelt showed that the seatbelt operated properly; (4) the vehicle violently rolled over three times and Mr. Rau’s head, which was located near his window, was forced outside his driver’s side window and struck the ground, causing his fatal injury; (5) because Toyota designed and sold a reasonably safe vehicle, and because Toyota did not cause the accident or the death of Mr. Rau, it is unfair to blame the Toyota defendants and punish them in this matter.

The Harris County jury deliberated less than four hours before returning a unanimous defense verdict.