mycase Change Language

Toyota dealership negligently repairs SUV leading to freeway breakdown and injury. $2.17 million verdict. Los Angeles County.

Toyota dealership negligently repairs SUV leading to freeway breakdown and injury. $2.17 million verdict. Los Angeles County.


Toyota dealer replaces drive shaft and the repair later fails while customer is on a freeway, leading to severe injury. Dealer disputes liability, saying another Toyota dealer was at fault.

The Case

  • Case Name: Fry v. Larry Miller Toyota
  • Court and Case Number: : Los Angeles Superior Court / EC059275
  • Date of Jury Verdict: Tuesday, September 01, 2015
  • Date Action was Filed: Thursday, October 04, 2012
  • Type of Action: Negligence
  • Judge or Arbitrator(s): Hon. David L. Minning
  • Plaintiffs:
    Kenneth Fry, 60, video producer.
  • Defendants:
    Larry Miller Bell Road, L.P. dba Larry Miller Toyota
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $2,170,930
  • Net Verdict or Award: $2,170,930 plus 10% interest from June 26, 2014 (Per Civ. Code 3291).
  • Award as to each Defendant:

    Verdict against Larry Miller Toyota only.

  • Contributory/Comparative Negligence: 100% on defendant.
  • Economic Damages:

    Past Medical: $70,930

  • Non-Economic Damages:


  • Trial or Arbitration Time: 8 days.
  • Jury Deliberation Time: 3 hours.
  • Jury Polls: 12-0 liability, 11-1 damages.
  • Post Trial Motions & Post-Verdict Settlements: Pending.

The Attorneys

  • Attorney for the Plaintiff:

    Daniels Law by William A. Daniels, Sherman Oaks.

    The Vartazarian Law Firm by Steven R. Vartazarian, Sherman Oaks.

  • Attorney for the Defendant:

    Pollard Mavredakis Cranert & Crawford by Terrence L. Cranert and Shelby Crawford, Pasadena.

The Experts

  • Plaintiff’s Medical Expert(s):

    Tiffany Rogers, M.D., MPT, orthopedic surgery, Torrance.

    Bradley M. Thomas, M.D., orthopedic surgery, Manhattan Beach.

  • Defendant's Medical Expert(s):

    Ralph J. Venuto, M.D., orthopedic surgery, Newport Beach.

  • Plaintiff's Technical Expert(s):

    Blake Koch, automotive mechanics, Canoga Park.

    Hans Shin, MS, materials testing, Northridge.

  • Defendant's Technical Expert(s):

    Joseph Arruda, automotive engineering, Foothill Ranch.

    Dustin Turnquist, metallurgy, Colorado Springs, CO.

Facts and Background

  • Facts and Background:

    Defendant Larry Miller Toyota installed a rear propeller driveshaft in plaintiff's 1990 Toyota 4Runner, which fell out 11 months later while plaintiff was driving on the freeway. Plaintiff injured his right shoulder and neck in the incident. He underwent arthroscopic surgery on his shoulder shortly after the incident, then a two-level cervical fusion three years later. Plaintiff's claim was limited to past medical and general damages. He was 63 at the time of trial.

  • Plaintiff's Contentions:

    That defendant Larry Miller Toyota negligently installed the rear propeller shaft by failing to fully tighten the bolts fastening the shaft to the transfer case and failing to use thread-lock as required by the manufacturer.

  • Defendant's Contentions:

    That Larry Miller Toyota's repair was within the standard of care and did not cause the incident. The negligence of a second Toyota dealer that performed regular service on the plaintiff's vehicle (10-25%) and plaintiff (75-90%) were the proximate causes of the incident.

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    Cervical disk herniations with spinal cord and root compression at C5-6, C6-7. Anterior decompression and fusion. Right shoulder impingement syndrome, acromioclavicular joint arthrosis, partial thickness rotator cuff tear, SLAP tear. Arthroscopic subacromial decompression, acromioclavicular joint arthroplasty, debridement of labral tear and partial thickness rotator cuff tear.

  • Pain and suffering, emotional distress.

Special Damages

  • Special Damages Claimed - Past Medical: $70,930

Demands and Offers

  • Plaintiff §998 Demand: $119,999
  • Defendant §998 Offer: $250,000 about one month prior to trial.

Additional Notes

Plaintiff settled with second Toyota dealership before trial for $150,000.



Source: Jury Verdict Alert

San Diego Immigration Lawyer News Article News Article San Diego Lawyer deportation USCIS fraud San Diego Immigration Lawyer ICE DAPA immigrationreform Obama negligence litigation immigration lawsuit trial USCIS. Obama immigration immigrationpolicy immigrationreform sandiegoimmigrationlawyer #USCIS #Sandiegoimmigrationlawyer #Immigration #USimmigrants #immigration # immigration Refugees Syria Immigrationnation #immigration #immigrationreform #immigrationlawyer #lawyer #sandiego San Diego Immigration Lawyer NewsArticleNews Articleimmigration immigrationpolicy immigrationreform sandiegoimmigrationlawyer#USCIS #Sandiegoimmigrationlawyer #Immigration#USimmigrants #immigration #immigration Refugees Syria Immigrationnation immigration #immigrationreform immigrationlawyer #lawyer #sandiegoimmigrationDAPAObamaImmigration NewsSan Diego Immigration Lawyer justice for profit schools sandiegoimmigrationlawyer immigration reform I-864 San Diego Immigration. 2016 election 9th Circuit Bond Hearings attorney Criminal Law all state verdict los angeles county Immigration Attorney jury tampering Civil sandiegoattorney Immigration Lawyer law san diego Immigration News NewsArticle deportation defense DUI Criminal Law San Diego Attorney San diego Criminal Attorney attorney lawyer San Diego County News Article immigration immigrationpolicy lawyer USimmigrants immigration nation immigrationlawyer usa personal injury DACA supreme court executive action San Diego Immigration Lawyer immigration Immigrationnation attorney immigration raids criminaljustice sandiegocriminaldefense nojustice asylum CASD personalinjurylaw triallawyer Diamonds Unfairbusiness Class Actions kay kay jewelers legal Nomura Signet Signet Jewelers supremecourt malpractice california prison early prison release November 2016 Ballot nonviolent offenders Top Lawyer Distinguished Lawyer patient safety doctors Bullying Islamophobia Assembly Bill 2845 Muslim Students Sikh Students Safe Place to Learn Act waiver extreme hardship Trial Lawyer