News

THE BEACON JOURNAL, December 9, 1994

"$5 million award against Toyota stands"

Supreme Court refuses to hear company's appeal. Summit County man severely burned when fuel pump caused fire after crash. Company says it won't alter design

By Jennifer I. Ward

COLUMBUS: The Ohio Supreme Court has upheld a $5 million award to a Summit County man by refusing to hear an appeal from Toyota Motor Corp., which had been found liable for the man's injuries in a 1989 accident.

In declining to hear the case Tuesday, the court said there was no substantial constitutional question involved in Toyota's appeal of the damages award to Dale Magistrelli.

Toyota had sought a new trial, claming that important evidence had been excluded by Summit County Common Pleas Judge James E. Murphy during the June 1993 trial.

"I feel really good about the decision," said Magistrelli, 44, who was burned on more than 40 percent of his body when his Camry station wagon hit a tree and caught fire.

The Richfield man said a faulty fuel pump in his station wagon caused the fire. Magistrell's lawyers argued that after the crash, the fuel pump kept pumping gasoline into the engine, and it ignited.

The $5 million was one of the largest civil suit awards in Summit County. Lawyers for Toyota said they had no plans to appeal.

"Unfortunately, the Ohio Supreme Court cannot hear every case that files for an appeal," said Hugh Bode, a lawyer for Toyota. "We Believe that happened was unfortunate and unfair," he said.

Magistrelli said he has no immediate plans for the money. "I haven't really thought about it," he said.

"This case id finally over with, after five long years," said Tom Henretta, a lawyer for Magistrelli.

Bode said Toyota has no plans to revamp its fuel pump on the Camry. "There's nothing wrong with that product," said Bode.

Sheldon J. Schlesinger, P.A. represents clients throughout the state of Florida including the cities of Boca Raton, Boynton Beach, Carol City, Cooper City, Coral Gables, Coral Springs, Davie, Deerfield Beach, Delray Beach, Fort Lauderdale, Hialeah, Hollywood, Jupiter, Lake Worth, Miramar, Miami, Oakland Park, Palm Beach, Palm Beach Gardens, Palm Springs, Pompano Beach, and Rivera Beach

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