Defective Toyota Accelerator May Have Led to Wrongful Death

From The Houston Chronicle:

Fatal Houston crash leads to lawsuit against Toyota
By Mary Flood
Feb. 1, 2010, 10:40PM

The family of a Houston woman whose car sped through a stop sign and smashed into a cement wall, killing her on impact a week before Christmas, filed what is likely the third acceleration-related wrongful death lawsuit against Toyota in the nation Monday.

Trina Renee Harris, a 34-year-old mother of two, died on impact when her 2009 Toyota Corolla slammed into an East Hardy Toll Road cement divider at Barry, leaving no skid marks, Houston police reported.

Her husband, Michael Harris, filed a lawsuit Monday against Toyota Motor Sales U.S.A., gas pedal maker CTS Corp. and Fred Haas Toyota World, which leased her the car. Lawyers involved in the lawsuit said it’s likely the third such case filed in response to acceleration problems that prompted Toyota to recall millions of vehicles and halt some production.

“I want those who were negligent to be held responsible. This problem was there before Dec. 18 when she died,” Michael Harris said. The U.S. Navy petty officer first class had recently completed a stint on an aircraft carrier in the Middle East and was in San Diego when he learned of his wife’s death. He returned to Houston, where the family opened Christmas gifts Trina Harris had bought . . . .

If you or a loved one have been injured in Nebraska due to a defective Toyota accelerator pedal, call the Keating, O’Gara Law Firm at 888/234-0621 for a free consultation.

For helpful advice on what to do if the accelerator sticks, watch the following video:

$600,000 Settlement Reached in Wrongful Death at Beatrice State Developmental Center

olivia-pic-cropped.jpgA settlement has been reached in the case of Olivia Manes who died tragically at the Beatrice State Developmental Center on January 16, 2009.

Keating, O’Gara attorney Jefferson Downing, who along with Jim Bartimus and Mike Rader of the Bartimus, Frickleton firm in Kansas City, represented the Manes said, “This is a very, very good settlement. Both sides worked hard to achieve it.”

The settlement was approved by the State Claims Board today based upon the Department of Health and Human Service agency’s recommendation: “The Department believes that there was negligence in this case, and requests that the claim be approved in this amount.”

David and Tina Manes remain committed to seeing something positive come from their daughter’s death. “The Manes will continue to work for constructive change at BSDC. They are committed to seeing something positive result from their personal tragedy,” said Downing.

Since it is a matter of public record, the settlement agreement can be viewed here.

Lincoln Journal Star Covers Keating, O’Gara Tort Claim Filing for Death of Olivia Manes

manes-family.jpg
Olivia Manes, seated between her parents, Tina and David Manes, and pictured with older sister Suzanne, age 20, and brother Jesse, age 14, at Christmas time.

From the Lincoln Journal Star:

Parents sue state to get answers in daughter’s death
By DEENA WINTER
Lincoln Journal Star
Friday, Feb 13, 2009

At first, she was known only as Client 1.

An 18-year-old Beatrice State Developmental Center client had died.

Three hours after going into a seizure, she was dead.

She hadn’t had a seizure since 1999, when she began taking Klonopin to control them.

Her parents didn’t know it, but three days earlier, Beatrice staff had stopped giving her the medication, triggering what their attorney calls “a cascading series of medical errors.”

At about 3 a.m. on Jan. 16, her parents were awakened by the Pawnee County sheriff.

Client 1, as she was referred to in a state investigation, was dead.

But she had a name: Olivia Manes.

On Thursday, Tina and David Manes filed a $1.75 million claim against the state for wrongful death and the “pre-death terror, pain and suffering” of their daughter Olivia. They alleged at least 10 errors in her care.

A spokeswoman for the state declined to comment on the filing.

Tina and David learned Olivia had Dandy-Walker Syndrome when she was 2 months old. She was blind and mentally retarded. She never walked. She had 15 to 20 seizures per day.

They kept her home until she was 6 and it became clear they could no longer care for her. She had difficulty swallowing. Feeding her took a couple of hours. She wasn’t getting enough fluids.

Immediately, they knew where they wanted her to live.

David’s older brother, Mark, had Down Syndrome and lived at the Beatrice center.

“I grew up out there,” said David, a Beatrice native.

Tina said she felt guilty because she had “selfishly” kept Olivia at home longer than perhaps she should have. When she went to Beatrice, she was so small and possibly malnourished they could carry her like a toddler.

In Beatrice, she learned to eat, drink and swallow properly. She came to love eating.

She thrived, particularly after she began taking one tablet of seizure medicine daily. It was her lifeline.

She loved music especially Shania Twain and Christmas songs. She loved feeling the breeze on her face when someone pushed her wheelchair outside.

The Maneses and their son and another daughter live 39 miles away from Beatrice, in Steinauer. They visited Olivia at least weekly.

When she heard their voices, her mother said, she would light up and reach her hands out for a bear hug that could give you whiplash.

She loved to nestle her cheek next to yours, Tina said, crying at the memory.

They felt like she was meant to spread joy at Beatrice.

When they got the call telling them she’d died, they couldn’t understand how their girl, who hadn’t had a seizure since 1999, could be gone.

Two weeks after burying their daughter, the Maneses learned some of the heartbreaking details of Olivia’s death while watching the evening news.


From offices in Lincoln, Nebraska, attorneys at Keating, O'Gara, Nedved & Peter, P.C., L.L.O. serve clients in Lincoln, Grand Island, Kearney, Omaha, Hastings, Norfolk, Fremont, Beatrice, Broken Bow, Valentine, Lexington, North Platte, McCook, Ainsworth, O' Neill, Wayne, Norfolk, Fairbury, Kimball, Sidney, Seward, York, Aurora, Columbus, and communities throughout Lancaster County, Adams, Buffalo, Custer, Gage, Hall, Lincoln and Red Willow Counties, and those injured in traffic accidents on Interstate Highway 80, and Nebraska state highways 81, 83, 183, and 281.