Lieff Cabraser Heimann & Bernstein, LLP

Marine Who Served Two Tours of Duty in Iraq Killed in Runaway Toyota Crash, Lawsuit Charges

Todd A. Walburg of the national plaintiffs' law firm, Lieff Cabraser Heimann & Bernstein, LLP, announced that Margaret and Dennis Sowders today filed a wrongful death lawsuit against Toyota Motor Corporation for the death of their son Michael Burress. A Corporal in the Marine Corps, Michael died at the age of 23 on December 23, 2010, when his 2008 Toyota Yaris suddenly accelerated out of control and crashed while he was driving on a highway in Knoxville, Tennessee.

“Michael had so much potential; he was very vibrant and loving to all people whose lives he touched,” Margaret Sowders stated. “Michael always tried to do the right thing and was looking forward to his future. We used to call him ‘Michael the Archangel’ because of his protective nature.”'

The complaint charges that Toyota was aware of tens of thousands of reports of unintended acceleration in its vehicles commencing in 2002 with its introduction of an electronic throttle control system, yet failed to include in its vehicles a brake override system and other safeguards that allow the driver to bring the vehicle under control. With a brake override, when unintended acceleration occurs, drivers can override the acceleration or surging simply by pressing on the brake.

“Toyota should tell the truth to the American public about its lack of a brake override system,” Margaret Sowders added. “It’s devastating to think that a readily available safety feature could have prevented my son’s death.”

The Accident that Claimed Michael Burress’ Life

Recently released from active duty with the U.S. Marine Corps after four years of service, including serving our nation in two tours of duty in Iraq, Michael was working last December as a crane operator and attending college in Knoxville. Just two days before Christmas, on a clear and dry morning, Michael drove on Interstate 640 to pick up his paycheck from his employer.

According to witnesses, and as alleged in the complaint, Michael appeared unable to control his Toyota Yaris, which was traveling at a high rate of speed. Rather than putting others in danger, Michael veered into the emergency lane and continued off the highway where his car struck a metal pole, fatally injuring Michael.

“Michael would give his last dollar to the homeless on the side of the street and not think a thing about it,” Margaret Sowders added. “Michael would go without, so others could have; he would lay down his life to save others and in the end that is what he did.”

Why Toyota is Liable for Michael Burress’ Death

The 2008 Toyota Yaris that Michael drove was not equipped with a brake override system. “Earlier models of the Toyota Yaris that were sold in Europe were equipped with a brake override system,” stated Todd Walburg, counsel to the Sowders family. “The complaint charges that Toyota’s decision to sell the Yaris in the United States without a brake override system ultimately led to Michael’s death.”

According to ConsumerReports.org brake override “can mitigate the risks associated with unintended acceleration by allowing the driver to quickly, intuitively bring a car to a safe stop by depressing the brake pedal and therefore negating throttle input.”

“Virtually all Toyota, Lexus, and Scion vehicles sold in the United States prior to 2010 lacked the vital safety feature of a brake override,” Walburg explained. “Whether or not a particular vehicle has been recalled by Toyota is not as important as many people have been led to believe. The real issue is whether the vehicle is equipped with a brake override system.”

The complaint was filed in Santa Ana, California where all Toyota unintended acceleration cases in federal court are coordinated before U.S. District Court Judge James V. Selna. Read a copy of the complaint.

Legal Resources for Drivers and Passengers Injured in Toyota Unintended Acceleration Incidents

Lieff Cabraser represents persons across America injured or killed in incidents involving Toyota, Lexus, and Scion vehicles that suddenly accelerated.

Persons injured in Toyota unintended acceleration accidents may visit Lieff Cabraser's Toyota Sudden Acceleration Lawsuits page to learn more about the litigation and their legal rights. You may call us toll-free at 1-800-541-7358 and ask to speak to attorney Todd Walburg. There is no charge or obligation for our review of your case.

About Lieff Cabraser

Lieff Cabraser Heimann & Bernstein, LLP, is a sixty-plus attorney law firm that has represented plaintiffs nationwide since 1972. We have offices in San Francisco, New York, and Nashville.

Lieff Cabraser has a comprehensive and diverse practice, which includes representing persons injured and families of loved ones who died in auto accidents. Each year since 2003, The National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation.

Source | Contact

Todd A. Walburg
Lieff Cabraser Heimann & Bernstein, LLP
415-956-1000