South Florida Personal Injury Lawyers

Repairs on recalled Toyota models began in earnest Thursday at Fort Myers Toyota, but troubles for the brand seem far from over after reports said the popular Prius hybrid was to be recalled in the U.S. and Japan because of brake problems.

Before that recall was reported, the National Highway Traffic Safety Administration said it had opened an investigation into the Prius, the best-selling hybrid in the U.S., citing 124 reports it received from consumers about its brakes, including four crashes.

Complaints that antilock brakes can fail momentarily on some 2010 models in slippery conditions or on rough roads prompted the investigation.

Japan’s top business newspaper said today Toyota will soon notify Japan’s transport ministry and the U.S. Department of Transportation of the recall of 270,000 Prius vehicles in the U.S. and Japan, though the company did not confirm the report.

Toyota later announced it is investigating possible brake problems with its luxury Lexus hybrid in Japan and the U.S.

Pamela Templeton, vice president of Fort Myers Toyota, said the sticky accelerator pedals that resulted in the recall of eight Toyota models.

Templeton said the Toyota brand is being subjected to unprecedented scrutiny.

“This is a different measuring stick being applied to Toyota than has ever been applied to any automaker,” Templeton said.

The Prius investigation – while preliminary – represents another setback for Toyota, which has been battered with two major recalls in the United States covering millions of vehicles. Those involve gas pedals that can get trapped under floor mats or become stuck on their own and fail to return to the idle position. The safety inquiries have challenged Toyota’s long-standing reputation for building safe, quality vehicles.

Technicians were trained to make the prescribed accelerator repairs Wednesday and began scheduling repairs.

Templeton said the dealership will expand its hours to serve all customers, if necessary, but too few of the repair parts are in stock to justify that.

Toyota owner Stephanie Daukas took in her 2010 Camry for the recall service at 10 a.m. Thursday and was on her way shortly after 11 a.m.

“I’m a very happy and satisfied customer right now,” Daukas said.

She said the reports about the Prius didn’t concern her about overall Toyota safety.

“I think they are a strong company and they can fix everything, but it is going to take some time,” Daukas said.

There are about 680,000 Toyotas manufactured since 2006 registered in the state, including 23,711 – or about 4 percent – that belong to Lee County drivers.

Preliminary figures show 203 crashes in Lee County in 2009 involved Toyota vehicles, or less than 2 percent of all crashes.

Statewide, there were 6,493 crashes involving Toyotas in 2009.

Lt. Chris Miller, spokesman for the Florida Highway Patrol, said he is unaware of any cases in the state where crashes were attributed to faulty accelerators or malfunctioning equipment.

Toyota said Thursday it is evaluating brake problems with the 2010 Prius gas-electric hybrid.

The company says it made a change in the 2010 braking system last month to correct cars in production. Asked if Toyota would recall the 2010 Priuses, spokesman Brian Lyons said: “It’s too soon to call at this point. We will of course fully cooperate with NHTSA in that investigation.”

Lyons also said Toyota is checking other hybrid models in its lineup to see if they have the same braking system as the 2010 model.

The U.S. investigation came after the Japanese government ordered Toyota to investigate brake problems in the Prius. The new version of the vehicle went on sale in the U.S. and Japan in May 2009.

NHTSA said it opens 100 investigations every year and there are currently 40 open.

All three vicitims were transported to Tallahassee Memorial Hospital.
42-year-old Faith Leynes was driving one of the vehicles and was pronounced dead at the hospital.

27-year-old Matthew Dixon, the other driver, and a 15-year-old minor, who was Leynes passenger remain in critical condition.

Charges are pending and the investigation is ongoing.

An Orlando man died Saturday and the passenger in his car suffered minor injuries after the vehicle crashed into the woods in southern Putnam County.

About 8:30 p.m., Clarence O. Chappell, 41, was southbound on U.S. 17 in Crescent City when the car crossed the center line and was overcorrected, sending it off the west shoulder of the highway into the woods. The car overturned several times as it hit the trees, according to the Florida Highway Patrol.

Chappell died in the accident. Mickey A. Wright Jr., 20, of Crescent City was taken to Putnam Medical Center. The men were not wearing seat belts.

A government watchdog says eight of 10 safety initiatives promised after a regional airline crash last year are behind schedule or are not meeting goals.

Transportation Department Inspector General Calvin Scovel also said stepped-up inspections of airline pilot training intiated after the accident were not effectively put in place. He made the comments Thursday in prepared testimony to a House panel.

Federal Aviation Administration officials didn’t immediately respond to the criticism.

FAA issued a 200-page report last week touting its safety progress since the Feb. 12, 2009, crash of Continental Connection Flight 3407, which crashed into a house near Buffalo, N.Y., killing all 49 people aboard and one man in the house.

To some dogs, discovering a dead lizard in the yard is like finding a slice of bacon on the kitchen floor: a Category 5 tasty treat.

It also can be deadly.

A month after frigid temperatures killed reptiles all over South Florida, veterinarians are still treating dogs that may have contracted botulism by gnawing iguana carcasses.

The result: paralysis so severe that a few had to be euthanized.

Like other cold-blooded creatures, iguanas by the thousands froze to death during the freeze. Some dogs mistaking them for chew toys have shown classic symptoms of a disease so rare that most vets don’t see a case for decades at a time.

“I think it’s botulism, although it’s nearly impossible to prove definitively,” said Dr. James Dugan, a Pinecrest vet.

His clinic has treated several dogs suffering varying degrees of paralysis since the cold snap. All had munched on iguanas.

“Why they want to eat a rotten reptile that smells horrible and could kill you, I don’t know,” Dugan said.

Paralysis begins in the back end then progresses to the front legs, and in some cases disables the diaphragm. At that point, dogs must be intubated so they can breathe, an expensive step that many owners can’t afford.

In at least two such South Florida cases, dogs that couldn’t breathe were euthanized.

Serious problems like pneumonia also arise when paralysis affects the esophagus.

SOUNDING THE ALARMBroward County veterinary neurologist Dr. Brian Roberts first raised the alarm about the possible botulism link in a mass e-mail to South Florida colleagues in late January.

He said that several dogs had come to Veterinary Specialists of South Florida in Cooper City with paralyzed hindquarters. The common denominator: dead iguanas.

“We didn’t have a clue what it was for days or weeks,” said Roberts, who has sent tissue samples to the state’s animal diagnostic laboratory in Kissimmee.

He diagnosed botulism after ruling out other possible conditions. There’s not much a vet can do beyond “supportive care and range-of-motion” exercises, he added.

Botulism toxin renders the nerves and muscles unable to communicate, Robert said. Typically, paralysis sets in a day or so after the iguana encounter and the worst symptoms last at least a week.

The dogs can eat but can’t stand or walk. However, they’re not in pain, vets say.

That’s the case with Baby Miller, a 68-pound, 8-year-old Pompano Beach pit bull whose human family rushed her to Dr. Kevin McAllister’s clinic on Jan. 26.

“She picked up a dead iguana in the yard and by the next day was showing signs of weakness in the back leg that progressed to the front, and she could no longer stand,” McAllister said. “She was in a little distress: high heart rate, anxious and totally down.”

The family “had no idea what it was, and I didn’t either,” said McAllister, in practice for 10 years. “We were thinking maybe a stroke or [human] drugs. In hindsight, she had the classic signs of botulism. I’d never seen it.”

Baby’s “mom,” 22-year-old Melynda Miller, said that Baby had “gotten hold of an iguana” two days before she showed symptoms.

“My brother found her on the floor, and she couldn’t move,” said Miller, a Century 21 customer service agent.

Blood tests ruled out painkillers and roofing sealer, two possible culprits.

“It was so scary,” Miller said. The normally playful Baby is slowly recovering.

“She is more irritated than anything,” Miller said. “She’s very aware of what’s going on. She can lift her head and wag her tail and is trying to sit up.”

She has, said Miller “refused to go to the bathroom in the house,” and must be carried outside.

The tab so far: $300 at the vet; $6 a day for Pedialyte, to keep Baby hydrated.

“She’s been stable and didn’t get any worse, and that’s what we look for, McAllister said.

Dr. Jonathan Kreissler of Miami Veterinary Specialists, said his hospital has seen “five similar cases in three weeks. Three are not walking, one was euthanized,” and one didn’t return for follow-up care. Its owners can’t be reached, and Kreissler suspects the dog has died.

Two remain at his clinic getting “recumbent care to make sure they don’t get bed sores” or secondary infections.

A Costly case  is a Cane Corso, a huge dog in the mastiff family. Kreissler said the dog weighed 110 pounds in September and weighs 70 now due to muscle wasting.

The dog had complications and spent a day on a ventilator. Care so far is in five figures, he said.

Still, Kreissler isn’t sure he’s dealing with botulism, or that reptiles are the culprit.

“It would be really convenient to blame the iguanas, but it might be premature,” he said.

Still, iguana remains are out there, Kreissler warned. “If you have a lot of property, check your yard for dead animals, and check the water. [Iguanas] float, and pets think it’s a toy.’

Toyota dealers in South Florida are working overtime to fix cars recalled for potentially faulty gas pedals and, in some cases, throwing in a free car wash and other perks for affected customers.

Technicians at Lipton Toyota in Fort Lauderdale processed more than 400 recalled vehicles by early Friday, inserting a reinforced steel bar in the gas pedal to make sure it won’t stick. The fix takes about 15 to 20 minutes, with clients treated to coffee and doughnuts and a car wash while they wait, said dealership president Steve Jensen.

Lipton is scheduling repair appointments for clients who call in and also handling drive-ins at its 58-bay service area. It is staying open an extra three hours a day, until 6 p.m. Saturday, and may extend hours more for repairs, if clients want.

“We’re willing to stay open all night if we have to,” said Jensen.

The activity comes two weeks after Toyota recalled 2.3 million vehicles in the United States because of potential for the gas pedal to stick “in rare instances.” Since then, the car maker has arranged for the new part to be produced, distributed and installed, with some dealers starting repairs Wednesday.

Toyota Motor Corp. is giving dealers an incentive to help affected clients quickly: checks up to $75,000 each. Dealers who sold fewer than 500 vehicles last year get $7,500. Dealers who sold more than 4,000 vehicles last year get the maximum. The money helps cover overtime for technicians and extra staff if needed at its 1,200 U.S. dealers.

Many customers receiving repairs are relieved. Marianne Chester, a Parkland resident who drives a 2009 Matrix, said she was in and out of Lipton Toyota in less than half an hour Thursday and worked on her laptop while she waited for the pedal repair.

Before the fix, she’d been wary about driving to work and transporting her family. “Now, I’m comfortable,” Chester said, describing Lipton Toyota’s service as “excellent.”

For dealers, the big question behind repairs is having enough of the right parts to fix gas pedals. The postage stamp-sized reinforcement bar comes in seven different sizes for the eight Toyota models recalled.

Fort Lauderdale-based Auto Nation has extended hours at its two dozen Toyota shops across the United States to handle the fixes, but it advises customers to schedule appointments to avoid waits at the dealerships, said spokesman Marc Cannon.

Just one distributor handles all parts supply for Florida and four neighboring states: Southeast Toyota Distributors, part of JM Family Enterprises of Deerfield Beach. It began shipping the repair parts Tuesday and, by the end of this week, shipped 120,000. By the end of next week it expects a total 327,000 shipped, said group vice president Craig Pollock.

Southeast Toyota Distributors handles about 17 percent of Toyota’s U.S. sales, so gas pedal recalls in its five-state area likely affect close to 400,000 vehicles, the company estimates. More than three-fourths of those shipments would be completed by mid-February.

As the supplies flow, dealers are ramping up repairs. Al Hendrickson Toyota in Coconut Creek handled 450 fixes between Wednesday and late Friday. It will stay open its usual seven days a week to handle customers, said dealer Al Hendrickson Sr.

Toyota’s gas pedal recall affects some 2009-10 RAV4s, 2009-10 Corollas, 2007-10 Camrys and 2010 Highlanders. It also involves all 2009-10 Matrixes, 2005-10 Avalons, 2007-10 Tundras and 2008-10 Sequoias.

The recall has cost Toyota dearly. The company’s January sales in the United States fell 16 percent from a year ago to their lowest level in 11 years. The company’s stock price has fallen by 16 percent since the day before the gas pedal recall and closed Friday at $74.71 a share.

On May 12, 2006, plaintiff Bennett Royal, 64, a furniture mover, was driving his sport utility vehicle outside Orlando when a truck bed liner flew out of a truck that was being transported on a car carrier. The car carrier was driven and owned by Neil Hoffman Auto Transport. The liner cracked Royal’s windshield causing him to slam on his brakes, banging his left knee on the steering column.

Royal sued Neil Hoffman Auto Transport for negligence.

Defense counsel argued that Neil Hoffman Auto was not responsible for the detached truck bed liner, rather the owner of the truck was the responsible party.

Royal stated that he banged his knee in the accident. He was not taken to the emergency room. He made an appointment with a neurologist and was seen about three weeks after the accident. The neurologist referred him to an orthopedist. Royal underwent arthroscopic surgery on Feb. 28, 2008. He had about three months of outpatient physical therapy. Royal will visit an orthopedist about six times a year for continued monitoring. A future arthroscopic knee surgery remains a possibility, stated plaintiff’s counsel.

Royal stated that his knee causes him discomfort and makes activities such as playing with his grandchildren more difficult.

Royal sought $48,707.53 for past medical costs, and $60,000 for future medical costs. Royal said he worked as a furniture mover and missed several months of work losing $22,100 in wages. He also sought damages for lost earning abilities as Royal said his injury caused him to retire a bit early.

Defense counsel argued that Royal’s injuries were not caused by the accident in this case. Royal, who is a military veteran, had previously treated for knee pain and injuries. Royal previously underwent knee surgery on the left knee. Royal suffered from a degenerative left knee, contended defense counsel.

The jury found the defendant negligent and awarded Royal $160,807.53 in damages.

Bennett Royal

$48,708 Personal Injury: Past Medical Cost

$60,000 Personal Injury: Future Medical Cost

$22,100 Personal Injury: Past Lost Earnings Capability

$10,000 Personal Injury: FutureLostEarningsCapability

$10,000 Personal Injury: Past Pain And Suffering

$10,000 Personal Injury: Future Pain And Suffering

“She’s very timid to new people, but once she gets to know you, she’s good. Until then, she’s a little scared,” says Amy Raddar about her two-year old pit bull, Candy.

But if a new bill goes through, dogs like Candy could be banned.

Right now, it’s against Florida law for communities to outlaw any breed of dog. But State Representative Perry Thurston has proposed legislation that would change that.

“The bill has to deal with giving control back to the local municipalities,” says State Rep. Thurston, (D) Plantation, FL. “And what it does is allow each community to formulate its own policy and how they deal with dangerous dogs.”

While House Bill 543 doesn’t call for an outright ban on certain breeds, some fear that’s where it could lead.

“The problem with that is individual communities do a gut reaction. When there’s a dog bite or a dog attack, they say let’s ban pit bulls,” says Laura Bevan, of the Humane Society of the U.S. “And all these innocent dogs that had nothing to do with that activity are now banned in a community and essentially have to be moved out or killed.”

But not everyone agrees.

“I think the community should have their own option. They should be able to do what they want to do,” says Heather Mahan, a Tallahassee dog owner.

“It’s not a matter of what breed it is. It’s how it’s treated. Is it kept on a leash or is it trained to be mean or is it trained to be nice? And i think that’s what makes all the difference,” says Heather Servais, a Tallahassee resident.

The Florida Highway Patrol on Thursday morning was investigating a fatal crash on the Sawgrass Expressway, according ot the agency’s website.

The crash happened just after 8 a.m. about two miles north of the Atlantic Boulevard interchange.

No other details were immediately available.