Posts Tagged ‘autos’

April 12 roundup

  • Town counsel of Southborough, Mass. considering legal action against online critic [Evan Lips/MetroWest Daily News, Jacob Sullum/Reason, Aspen Daily News]
  • “Drowning in laughter”: pic of ill-advised safety sign [Turley]
  • Canadian lawyer accused of fabricating evidence of jury tampering [Times Colonist h/t @ErikMagraken]
  • One union (SEIU) wins $1.5 million verdict against another (NUHW) [Fox, Jottings]
  • “Anti-Law School Blogs Seek to Keep Others from Making ‘Same Mistake We Did'” [Legal Blog Watch, WSJ Law Blog] Instruction at University of Texas law school has room for improvement [Blackbook Legal] Chief Justice Roberts: law review articles aren’t particularly helpful for practitioners or judges [WSJ Law Blog]
  • “Illinois Hospital Loses Tax-Exempt Status for Not Being Charitable Enough” [NLJ]
  • “Cyber-bullying” proposal in Suffolk County, N.Y. could criminalize repeated insults [Volokh]
    “Where’s the State Action in Tort Awards Based on Speech?” [same]
  • George Will: administration “can imagine the world without the internal combustion engine but not without Chrysler” [WaPo/syndicated]

Lawyer tampers with trial exhibit, dodges sanctions by pleading age

At first lawyer J. Kendall Few, trying a case against Kia Motors alleging seat belt failure, denied tampering with the seat belt in an exhibit car so as to produce an effect prejudicial to the automaker’s case. “Later he admitted he had moved the seat belt, but said he thought he had returned it to its original position. ‘I’m 70 years old, and I’d been through a fairly hard day. I went down there, and I don’t remember everything as good as I did when I was 25 or 30,’ Few said.” A federal judge said it was a “close call” but declined to levy sanctions, finding “there was no conclusive evidence that Few had acted in bad faith or committed intentional misconduct”. [ABA Journal]

March 24 roundup

  • Jury orders Dutchess County, N.Y. school district to pay $1.25 million for not adequately addressing classmate harassment of “very dark skinned” half-Latino student; district protests that it had extensively pursued diversity/sensitivity programs [Poughkeepsie Journal]
  • More unwisdom: “Oklahoma House of Representatives Proposes Ban on Use of Foreign Law in Oklahoma Courts” [Volokh, earlier on Arizona bill]
  • Update: California environment czars won’t ban black cars, but watch out for what reflective-layer window mandates might do to cellphones and tollgate transponders [ShopFloor, earlier]
  • “Firm Sanctioned for ‘Perfect Storm’ of Improper Practices in Debt Collection” [NYLJ]
  • Critic of lie detector technology says U.K. libel law has silenced him [Times Online] Science journalist Simon Singh says fighting chiropractors’ libel suit is so draining that he’s quitting his column for the Guardian [Guardian, Citizen Media Law]
  • Florida: father who lost wife, son in murder/suicide at gun range drops lawsuit against the store [Orlando Sentinel]
  • Appeals court declines to overturn Mary Roberts sextortion conviction [MySanAntonio.com, opinion, related, earlier]
  • Corporation for Public Newspapering? Stimulus bucks go to “public-interest investigative journalism” [SFWeekly]

1995 Washington Square sudden acceleration revisited

In 1992, Diana Maychick drove her mother’s Oldsmobile back to Washington Place in Greenwich Village, and got out. Her mother, the 74-year-old Stella Maychick, slid over from the passenger seat to the driver’s seat, readying herself to return to Yonkers. Maycheck, a shorter-than-average woman, suddenly took off in the car, which sped up, ran two stop signs, and tore through Washington Square Park, killing five and maiming several others.

Diana Maychick is now Diana Foote, a restaurant reviewer for a Palm Beach newspaper, and recently recounted the accident, claiming the recent Toyota troubles exonerated her mother.

Which I found fascinating, because I worked on that litigation—and the evidence that Maychick hit the gas instead of the brake was so strong that the plaintiffs’ lawyers abandoned the standard specious “mysterious gremlins caused the car to accelerate” theory and replaced it with a “General Motors knew that drivers were hitting the wrong pedal but didn’t do enough to warn them” theory. I took issue with Foote’s column in a letter to the newspaper.

As for the lawsuit itself, the judge excused everyone in the voir dire who expressed the remotest skepticism about plaintiffs’ theory, and GM settled shortly after the start of trial. One certainly marvels at the chutzpah of the theory of the case, given trial lawyers’ role in trying to persuade the public that driver error couldn’t possibly be to blame.

Update: South Carolina $18M sudden acceleration verdict reversed

And in timely news, a specious $18M sudden acceleration verdict (see our August 2006 coverage) was unanimously reversed by the South Carolina Supreme Court after they threw out junk-science testimony theorizing that electromagnetic interference with the cruise control caused the sudden acceleration. Passengers in the crash that wore their seatbelts were uninjured, but the unbelted driver was paralyzed. The plaintiff has the option of a new trial. (Sonya Watson v. Ford Motor Company, h/t L Nettles comment).

“I am not afraid of my Toyota Prius”

I expand on my earlier post in today’s Washington Examiner, including my skepticism of the conventional reporting on the James Sikes incident.

Michael Fumento is also on the case on his blog and in the LA Times; see also Richard Schmidt in the New York Times on the last generation of sudden acceleration.

Update: Fumento goes farther on the James Sikes story than I did. I also found the idea that Sikes reached for the accelerator while driving implausible after trying to repeat the experiment in a (parked!) Prius.

Toyota acceleration: why I’m skeptical

Dating back to 1992 models, LA Times reporters found 56 deaths reported to NHTSA over the course of 19 model-years. If Toyota is suffering from electronic problems, these electronic problems should affect all drivers equally. If Toyota sudden acceleration is caused by driver pedal misapplication, then we should expect to see a disproportionate number of elderly and short drivers. Unfortunately, we don’t have driver heights, and in only 24 of the 56 cases, did the Times list the age of the driver.

The ages: 18, 21, 22*, 32, 34, 44, 45, 47, 56, 57, 58, 60, 61, 63, 66, 68, 71**, 72, 72, 77, 79, 83, 85, 89.
*Passenger victim was 22 and “friend” of driver.
**Passenger victim was 71 and married to husband-driver for 46 years.

The median age is 60.5; the majority of drivers are 60 or older; a third are older than 70. And I left out the case of a driver who was the son of a 94-year-old victim rather than guesstimate his age to be 65. That looks suspiciously like the makeup of Audi sudden acceleration cases, and a lot like driver error to me. Color me skeptical. Very very skeptical.

Update, March 12: Megan McArdle has done some very impressive journalism following up on my work to fill in the gaps that the LA Times left out. Here’s her spreadsheet. (McArdle also has the guts to mention the disproportionate number of immigrants in the sample, which I didn’t.) Her report makes me realize I made a mistake in the sequence above: I confused an 89-year-old passenger with a 71-year-old driver. In addition, the driver I conservatively estimated to be 71 above turns out to have been 75. And McArdle says that a driver I listed as 61 is 60. Here’s McArdle’s more complete and more accurate sequence; I’ve estimated three of the ages where they were not listed:

18, 21, 21*, 20s**, 32, 34, 36, 44, 45, 47, 56, 56, 57, 58, 60, 60, 63, 60s***, 66, 68, 71, 72, 72, 75, 75, 77, 77, 79, 83, 87
*Driver was with 21-year-old friend
**Driver had girlfriend and young daughter
***Driver was picking up 67-year-old friend for church.

This actually strengthens my case: the median age is 60, 16 out of 30 (or 15 out of 29) are 60 or older (as compared to 16% of drivers in all automotive fatalities)—that’s a relative risk of over 6. We’ve gone from a small sample size of 24 to a slightly less small sample size of 29-30, improving statistical significance.

Separately, reader G. writes:

Hey Ted: one more data point on why Mr. Prius Acceleration is likely a fake — the stretch of I8 where the incident occurred. If you were to pick the one stretch of highway in San Diego County where you could go 94 MPH with almost no traffic and almost no curves, that is the stretch. At about 15 miles east of San Diego that road becomes deserted at all hours — it runs out into the Imperial Valley and then into Arizona. I have driven it tens of times, at all times of day, and never hit traffic unless there was a Border Patrol checkpoint. It is also almost straight– with some very moderate curves and some hills. Counter-data points: (a) About 60 miles east of San Diego (heading East) you hit some severe curves and a steep downhill grade as the road heads out of the mountains and onto the desert floor. I wouldn’t want to head into that at 94 MPH, even if I was faking the acceleration; and (b) dude is from Jacumba, which is on that highway (he didn’t drive from another part of the area just to drive on the road.