as a result of their cover-up.

But he should get a very generous settlement. Toyota is stupid not to have settled already.

Absolutely no evidence or allegation of being impaired in any way --but got sentenced 8 years for hitting the wrong pedal (ALLEGEDLY). I thought an accident was an accident (not a criminal offense) before I read about this a couple of years ago (unless alcohol or drugs were involved, or not having slept for however many hours, or eating while driving or other willful neglect or something like that -- none of that alleged in this case).

He got out after serving 2 1/2 years because all the information coming out about the Toyota acceleration problems (well more on why he got out is about 6 paragraphs from the end of the linked article in the OP).

Under the law the term the key term in "Negligence". An "Accident" may be the result of deliberate intention, i.e. I accidently hit him with a 2x4. Why was I carrying a 2x4 in such a matter to cause someone else harm? That brings up negligence. If I did not carry in negligently, I am not liable for any damage, but if I did carry it negligently, I am liable for any harm cause by my negligence.

You are NOT liable for anything you do if no negligence occurs, but that is a rare situation, generally someone did something negligently and thus liable for the injury done (If a tractor trailer runs over your compact car, it is an accident, but if the accident was caused by the tractor trailer going to fast, not be maintain etc, the driver is liable).

Normal negligence is NOT grounds for a criminal conviction, Gross Negligence is. If this driver was driving and hitting the gas as his car speed up, that was GROSS NEGLIGENCE. When you are driving you have to being acting in a non-negligent manner, but hitting the gas as the car was going off course is Gross Negligence and thus grounds for a Criminal conviction.

Now, it was later discovered that the Toyota Gas Pedal was known to still provide gas to the engine even if the foot was off the gas peddle and the foot was on the brake. At the time of the Conviction this was NOT known, it came out later. Toyota had kept access to that computer to itself and refused to permit access to such computers even to US Technicians. As part of the Civil Lawsuit regarding those gas pedals, Toyota did ship into the US the interface to access those microchips. I have NOT read how the "Black Box" in this case read, but it is a question.

Now, in cars made today (and when this started varies by model and maker, US and Japanese tended to do it by the early 1990s, Europeans were a lot slower) a "Black Box" containing recent operating data is preserved. Generally it overrides itself after a set number of hours of operations. This is to give technicians access to how the engine is actually running when it goes in for repairs. For some reason Toyota did NOT provide the interface to its US Dealers thus US Dealers had no access to that "Black Box" till the Civil Law Suit. When that law suit was in litigation this case was brought up, for it was of the make and model subject to that class action lawsuit. Since the Vehicle had been in a murder case, it had NOT been driven since the accident and its "Black Box" would contain if the driver was hitting the gas pedal or the brake.

From what I have researched the "Black Box" has NOT been read. Why it has NOT been read is unclear, it may be the car had NO black box, the black box may NOT have any data in it, the data needed may have been over ridden by subsequent operation of the vehicle, it could be for some other reason (including Toyota refusing to permit it to be read).

In this case, several witnesses in the class action against Toyota have testified that what happened to this driver, happened to them. Based on that new evidence a Judge ordered a New Trial, a Trial the prosecution decided NOT to proceed with.

Thus I am shocked that Toyota is still maintaining the driver was hitting the gas instead of the brake. I suspect the reason is Toyota is worried about what a Minnesota Jury will award the victim of going to jail for two years do to something beyond his control AND the cause of the Accident was Toyota's fault.

http://justicedenied.org/wordpress/archives/1258

http://www.hmglawfirm.com/news/minnesota-judge-declares-wrongfully-imprisoned-man-eligible-for-compensatio/

negligent criminal . OK, that's what the law says, apparently. I just don't agree that this is just. You think it is gross negligence, the law apparently thinks its gross negligence, and I don't. What more can I say.

And I've never hit the gas when I meant to hit the brakes, so I'm not talking about some ding-a-ling issue of mine.

On Edit 1140p CT -- I don't get the carrying a 2X4 in a negligent manner analogy either. That would be analogous to if he was driving while knowing his brakes weren't working properly, or somesuch (e.g. eating or texting while driving or not having slept for 30 hours, etc. etc.), then that to me would be gross negligence.

But a split second wrong reaction by a sober attentive etc. etc. driver in an emergency situation is something entirely different, IMHO. I thought that was what insurance was for, not what prisons are for. But again, obviously I'm out of tune.

"I thought an accident was an accident (not a criminal offense)"

Yeah but then there is racism.

http://ipmn.org/koua-fong-lee-wrongful-conviction/

I suspect Minnesota wants that money back, but NOT from the victim but from Toyota thus no agreement as to how much Toyota wants to pay.

Now, the Federal Court did rule that the imprisonment can NOT be the fault of Toyota and that part of the lawsuit against Toyota was dismissed (The Federal Judge Ruled the imprisonment was NOT a foreseeable issue for Toyota and thus NO liability).

http://justicedenied.org/wordpress/archives/1258