"Dwhite - Powered by Caffeine, Daft Punk, and Corgis" (Dwhite95)
08/18/2018 at 13:59 • Filed to: None
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"Dwhite - Powered by Caffeine, Daft Punk, and Corgis" (Dwhite95)
08/18/2018 at 13:59 • Filed to: None | 1
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Just a story that I thought was kinda crazy.
!!! UNKNOWN CONTENT TYPE !!!
Dr. Zoidberg - RIP Oppo
> Dwhite - Powered by Caffeine, Daft Punk, and Corgis
08/18/2018 at 14:04 |
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Dwhite - Powered by Caffeine, Daft Punk, and Corgis
> Dr. Zoidberg - RIP Oppo
08/18/2018 at 14:05 |
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Ugh, fuck that shit.
I think there is a chrome extension out there that disables these too.
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Dr. Zoidberg - RIP Oppo
> Dwhite - Powered by Caffeine, Daft Punk, and Corgis
08/18/2018 at 14:07 |
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Can you provide a TLDR? The amount sounds ghastly but I’d like some details before I throw my scorching hot taek on the matter.
JCAlan
> Dwhite - Powered by Caffeine, Daft Punk, and Corgis
08/18/2018 at 14:08 |
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That’s why you never go to jury trial. They could have settled for 1/20th that amount
LOREM IPSUM
> Dr. Zoidberg - RIP Oppo
08/18/2018 at 14:09 |
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Time for a better ad blocker.
“A Dallas County jury on Friday awarded more than $242 million to a family after finding that manufacturer defects in their Lexus ES 300 caused their children to suffer serious and permanent injuries during a rear-end collision in 2016.
The jury of nine men and three women deliberated for more than eight hours before finding that the front seats of Benjamin and Kristi Reavis’ 2002 Lexus ES 300 were, as the plaintiffs argued, “unreasonably dangerous.”
Toyota Motor Corporation and Toyota Motor Sales also didn’t warn the family about that danger, which amounted to gross negligence, jurors agreed. Their verdict included more than $143.6 million in punitive damages.
The family’s legal team presented evidence they said showed engineering, design and structural issues with the front seat backs of the vehicle. The lawyers argued Toyota consciously chose to protect front-seat occupants in accidents at the expense of rear-seat passengers.
The Reavis family’s incident occurred in September 2016 while they were driving southbound on North Central Expressway. The couple’s 3-year-old son, Owen, and 5-year-old daughter, Emily, were in child safety seats in the rear.
The car was stopped in traffic when it was rear-ended by a Honda Pilot driven by a Jacksonville, Fla., man. The impact caused the front seats of the Lexus to collapse backward into the seats of the children, who sustained skull fractures and traumatic brain injuries, according to court documents.
“This is a danger that Toyota has known about,” attorney Frank Branson said in a press release, representing the family. “This company has had plenty of time to design around these safety shortcomings.”
Jurors found the corporation and sales branch 95 percent liable for the damages, with the driver of the Honda, Michael Mummaw, liable for the remainder.
The company, which in 2017 relocated its North American corporate headquarters to Plano, released a statement Friday that said it would “consider our options moving forward.”
“While we respect the jury’s decision, we remain confident that the injuries sustained were the result of factors specific to this very severe collision, not a defect in the design or manufacturing of the 2002 Lexus ES300,” the company statement said."
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Dwhite - Powered by Caffeine, Daft Punk, and Corgis
> Dr. Zoidberg - RIP Oppo
08/18/2018 at 14:12 |
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Someone else already got you, but the thing I found most ubsurd was that they jury determined that injuries sustained in the crash were 5% at fault of the driver of the other car and 95% at fault of Toyota.
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LOREM IPSUM
> JCAlan
08/18/2018 at 14:13 |
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But then they would have to admit, on record, they aren't necessarily the saftiest bestest most worth whatever insane askingist priciest vehicles on the road.
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Dr. Zoidberg - RIP Oppo
> LOREM IPSUM
08/18/2018 at 14:14 |
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One the one hand, it totally sucks what happened to those kids. On the other hand... the Honda driver is somehow 5% liable resulting in the injuries of having crashed into that car. Probably because they couldn’t sue him for enough
. I think someone got a hell of a payday.
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Dwhite - Powered by Caffeine, Daft Punk, and Corgis
> LOREM IPSUM
08/18/2018 at 14:15 |
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Most settlements generally end with terms of the payout including not admitting fault
I bet the family wanted it to go to trial and wouldn't settle.
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Dr. Zoidberg - RIP Oppo
> Dwhite - Powered by Caffeine, Daft Punk, and Corgis
08/18/2018 at 14:16 |
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Yeah I just replied with that very thought. These bigly lawsuits always make me feel queasy.
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JCAlan
> LOREM IPSUM
08/18/2018 at 14:16 |
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Nah, settlement always have wording that they are admitting no faults, and the terms are to remain undisclosed.
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LOREM IPSUM
> Dr. Zoidberg - RIP Oppo
08/18/2018 at 14:20 |
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The Honda probably only had a million in liability, or whatever the minimum is in that area. Probably burned through that amount in the first week of treatment.
Dollar figure seems shocking, but without knowing if those kids have lifelong consequences from the incident, hard for me t o say if it is justfied or not.
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LOREM IPSUM
> Dwhite - Powered by Caffeine, Daft Punk, and Corgis
08/18/2018 at 14:22 |
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Paperwork aside, if you settle, public perception usually is that you're guilty.
CarsofFortLangley - Oppo Forever
> Dwhite - Powered by Caffeine, Daft Punk, and Corgis
08/18/2018 at 14:24 |
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Fault does not equal liability ever
atfsgeoff
> Dwhite - Powered by Caffeine, Daft Punk, and Corgis
08/18/2018 at 14:27 |
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adblocker-friendly article:
E92M3
> Dwhite - Powered by Caffeine, Daft Punk, and Corgis
08/18/2018 at 14:29 |
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Not much has changed. They design their cars to pass crash tests, and nothing more. Look at this 2017 Highlander that was rearended by a 2004 Accord at 40mph. Now imagine your child was sitting back there. It’s time the IIHS institutes rearend collisio n tests.
His Stigness
> LOREM IPSUM
08/18/2018 at 14:31 |
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But now a jury has said they are guilty. A closed settlement not admitting fault is always preferred by companies, that’s why class action lawsuits always settle out of court.
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LOREM IPSUM
> His Stigness
08/18/2018 at 14:34 |
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Somebody should have told Toyota's fleet of attorneys that, lol.
Echo51
> Dr. Zoidberg - RIP Oppo
08/18/2018 at 14:35 |
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Alternative issues.
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His Stigness
> LOREM IPSUM
08/18/2018 at 14:38 |
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The minimum in California is only $30,000 per accident. I doubt many states have anything higher than that.
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His Stigness
> LOREM IPSUM
08/18/2018 at 14:40 |
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Oh they did, but the plaintiff’s attorney’s probably talked their clients out of it because they were confident they’d get this absurdly unjust verdict.
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LOREM IPSUM
> His Stigness
08/18/2018 at 14:42 |
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Damn, that’s shocking low. Here 1 million is the minimum, and most payouts with injury go to 2 or 3 million afaik. The person at fault would be responsible for re-paying the difference.
Highlander-Datsuns are Forever
> Dwhite - Powered by Caffeine, Daft Punk, and Corgis
08/18/2018 at 14:43 |
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I think this is bullshit. It’s a 14 year old car designed to meet federal safety standards. If this suit holds then people will start suing every manufacturer every time they get hurt in an accident.
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His Stigness
> LOREM IPSUM
08/18/2018 at 14:46 |
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I’m sure the insurance lobbied to have low minimums to keep their coffers well lined. Personally, I run 300k limits, but I pay less for four cars and two drivers than most people do with 30k limits and one car/driver. Insurance is a game in this state, and it’s sad I’ve gotten good at playing it.
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LOREM IPSUM
> His Stigness
08/18/2018 at 14:48 |
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Again though, we don’t know these kids present condition. They could require lifelong care for all I know. Even if not, fracturing an infants skull could conceivably negativity impact their future potential. Not saying it’s justified or that it isn’t, but it doesn’t seem like the dollar is worth much anymore anyway, based on the MSRP of, well, everything.
Spamfeller Loves Nazi Clicks
> Dwhite - Powered by Caffeine, Daft Punk, and Corgis
08/18/2018 at 14:48 |
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Uh, holy fucking shit.
!!! UNKNOWN CONTENT TYPE !!!
Well that sounds like specula-
!!! UNKNOWN CONTENT TYPE !!!
... spectacularly fucking horrifying . That sounds spectacularly fucking obvious and horrifying. And Toyota would fucking know. Absolutely. I did recalls for front seat failures identical to the failure described here . Jesusfuck.
!!! UNKNOWN CONTENT TYPE !!!
Good. Toyota can afford $230 M. These kids are going to require round the clock medical care for the rest of their lives. Assuming they have any quality of life at all. And the insurer’s the one who pays out for the Honda, not the owner. Fucking christ. That’s just... gods. I might hate kids, but I would not wish this never-ending hell on anyone.
DipodomysDeserti
> Highlander-Datsuns are Forever
08/18/2018 at 14:59 |
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On the one hand, it did meet standards, on the other hand, the standards are a bare minimum, and we all know we’d be driving around in tin cans if car companies weren’t forced to follow some sort of guidlines. I’m interested to see the accident details. It sounds like the seats sheared off their mount and the vehicle pushed the kids into them. That’s something that you really don’t ever want to happen. Defeats the wh ole purpose of having seatbelts.
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Dr. Zoidberg - RIP Oppo
> E92M3
08/18/2018 at 15:00 |
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40?! I was rear ended in a civic at 70 miles per hour once upon a time. Needless to say, RIP Civic, but it looked a hell of a lot better than that.
50ford500
> His Stigness
08/18/2018 at 15:12 |
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Texas is 25,000 for Property and 30 ,000 individual/60 ,000 total limits for injury. So from a blood from a turnip point of view; it made complete sense for them to go after Toyota. Also with the bloodthirsty PA’s that we have (I’m sure that every city/state is chock full of them of course) it could be a career making case for the right one.
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E92M3
> Dr. Zoidberg - RIP Oppo
08/18/2018 at 15:24 |
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I know, it looks like a dump truck hit it at 70mph. I was rearend in my 91 c ivic hatch by a jeep grand cherokee at 40mph, and it faired way better. But it was dead on, I think being an offset collision played a role.
PS9
> Dwhite - Powered by Caffeine, Daft Punk, and Corgis
08/18/2018 at 15:28 |
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Jurors found the corporation and sales branch 95 percent liable for the damages, with the driver of the Honda, Michael Mummaw, liable for the remainder.
$242M x .05 = $12M. OH SHIT
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His Stigness
> LOREM IPSUM
08/18/2018 at 16:11 |
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It sounds like the kids have life altering injuries, but I think it's stupid the driver that CAUSED the accident was only put five percent at fault.
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His Stigness
> 50ford500
08/18/2018 at 16:12 |
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Oh defiantly. You always always go after the biggest fish. But I think it's stupid the jury only placed the Honda at 5% fault. But for the Honda drivers gross negligence the accident would not have occurred.
Maxima Speed
> DipodomysDeserti
08/18/2018 at 16:19 |
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I disagree with the statement that we would all be driving around in tin cans. While yes, I would love to have a super light economy car or sports car. You can bet that I would still pay for adequate levels of safety if I had to haul around a family. I think its absurd that people believe government is necessary to ensure, safety, fuel economy, emissions, and the like. Let the consumers decide that for themselves. There will always be a demand for safe vehicles, Volvo is a perfect example of that. In a non-regulatory environment there will also be competition to provide safety at low prices.
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DipodomysDeserti
> Maxima Speed
08/18/2018 at 16:28 |
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I’ve visited third world countries, so I have enough hard evidence to disprove what you “think” these corporations would do. Even in the presence of regulations, most do the bare minimum (Volvo being the exception, not the rule).
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Maxima Speed
> DipodomysDeserti
08/18/2018 at 16:38 |
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One, we aren't in a third world country. Americans have money, or access to money. If customers care about safety, and are willing to pay for it , then a company has it in their own interest to make safe cars to sell to those interested, and non safe cars to those who aren't. Naturally you charge extra but only as much as people are willing to pay. The market will balance itself as competition encourages companies to keep prices for features like safety, low enough to be affordable.
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50ford500
> His Stigness
08/18/2018 at 17:02 |
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I’d honestly be surprised if the attorney didn’t also grind out money from the Lexus owner’s insurance as well. Provided they have Underinsured motorist coverage. This is more a product liability than a traditional insurance company claim than anything else. The Honda driver rear-ending the Lexus may have been the proximate case of the loss but the attorney was effective in making the case more about bad seat design than a negligent driver. At least that’s how I am interpreting the verdict. Because really at the end of the day Toyota is in no way at fault for the Honda rear-ending the Lexus.
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Highlander-Datsuns are Forever
> DipodomysDeserti
08/18/2018 at 17:26 |
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That was the multimillion dollar question that the jury answered: yes the car was poorly designed and that put the occupants at great risk. But you cannot design out all risk.
Nauraushaun
> Dr. Zoidberg - RIP Oppo
08/18/2018 at 19:39 |
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Just disable the blocker temporarily ;)
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Nauraushaun
> Dwhite - Powered by Caffeine, Daft Punk, and Corgis
08/18/2018 at 19:40 |
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It sounds ridiculous. No car is perfectly safe in a crash. The decision made was that Toyota chose to protect front passengers over rear - naturally. Many cars have airbags front only (or did back then).
Doesn’t seem worth all that money to me
SilentButNotReallyDeadly...killed by G/O Media
> Dwhite - Powered by Caffeine, Daft Punk, and Corgis
08/18/2018 at 19:52 |
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There’s a Dallas area legal team who are all really looking forward to spending their forthcoming payday...wonder if Lexus might cut them a bulk buy deal?
bhtooefr
> Maxima Speed
08/18/2018 at 21:00 |
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Fun fact: Switzerland is a third world country. (Third world simply means allied with neither NATO (first world) nor the Warsaw Pact/COMECON (second world) .)
This is why “ developed” / “ developing” / “ least developed” is what’s usually used today.
In any case , with wealth inequality only increasing, and the condition of some of our cities and many of our rural areas ... America is looking more and more like a developing nation (except it’s doing the opposite of developing ) every day.
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DipodomysDeserti
> Highlander-Datsuns are Forever
08/18/2018 at 22:32 |
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Yeah, but there’s a whole bunch of other factors that go into a civil suit. It would be interesting to know if this was in fact an extra gnarly crash or if Toyota knew they had substandard bolts/welds in the front seats and did the old corporate liability roll of the dice. My guess is that since it actually went to trial the plaintiff’s lawyer had some solid information. I couldn’t imagine the decision makers at a multinational corporation wanting a jury trial. Also, this was a jury in Dallas. Land of rich, corporate loving Republicans.
ranwhenparked
> bhtooefr
08/18/2018 at 23:54 |
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Especially because much of what is commonly called the Third World actually did fall into either the NATO or Communist spheres of influence at various points (and, basically all Communist countries have always been developing countries - though China will probably come out of that in a few decades, and North Korea is permanently stunted).
RallyWrench
> Highlander-Datsuns are Forever
08/20/2018 at 13:26 |
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When I was in high school (late 90's) , a girl hit a tree in her Porsche 914 when she was rummaging for a CD. She was seriously injured and h er passenger was permanently disabled (I saw the car later, the right front wheel was in the passenger compartment) . The car was nearly 30 years old, of course, but her family nonetheless sued Porsche, as well as the city and county for the trees’ location and the visibility of the road. Just totally frivolous. The road could not go anywhere else, it skirts a watershed at the base of a sharp hill, and the tree was probably 100 years old, a big old pine . I’m pretty sure the Porsche suit got tossed, don’t know about the others. The tree got cut down though, and a curb installed. But by all means, don’t blame the 17 year old kid who decided to change her tunes in the middle of a series of corners.
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Highlander-Datsuns are Forever
> Dwhite - Powered by Caffeine, Daft Punk, and Corgis
08/20/2018 at 13:34 |
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