ST. PAUL
The St. Paul man imprisoned after a fatal accident in his 1996 Camry has filed suit against Toyota Motor Corp. and its affiliated companies.
Koua Fong Lee, 33, claims in the federal lawsuit that Toyota knew its cars had a tendency to accelerate on their own, putting drivers and passengers in grave danger. The company had received complaints about various models made well before the years included in their eventual recalls for "sudden unintended acceleration" but failed to correct problems, the suit said.
The company also "knowingly hid" safety problems from regulators, the lawsuit said, quoting a statement from the National Highway Traffic Safety Administration.
In a written statement to the media, Toyota said it sympathized with the families affected by the accident and did not oppose Lee's plan to file his suit.
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"However, Toyota believes that any unintended acceleration allegations are without merit," the company said. "The 1996 Camry involved in this case has never been subject to an acceleration-related recall and is designed to meet or exceed all Federal Motor Vehicle Safety Standards."
Lee was driving home from a church celebration on June 10, 2006, when his Camry sedan sped up on the exit ramp from eastbound Interstate 94 at Snelling Avenue in St. Paul. It smashed into the back of an Oldsmobile stopped at the red light at Snelling, killing three people in that car.
Lee testified he tried to stop the car but could not. Investigators said it
sped up to 90 mph before it hit the other car. Lee was convicted of criminal vehicular homicide and sentenced to eight years in prison.
After Lee's attorneys filed a motion to have his case re-examined, a Ramsey County judge ruled Aug. 5 that he should get a new trial. Prosecutors then dropped the charges and Lee was released the same day.
Lee suffers from post-traumatic stress disorder from the accident and the 2 1/2 years he spent in prison, the suit said. He must take medication to help him sleep.
In the car with him was his pregnant wife, Panghoua Moua, 25. She endured "severe emotional distress" from the accident and suffered from the separation from Lee during his imprisonment.
After the accident, Lee's father, Nhia Koua Lee, 67, suffered chest pains, which continue to bother him. Lee's brother, Nong Lee, 23, was hospitalized for injuries from which he continues to suffer, the suit said. Lee's oldest child, daughter Jemee, 8, was also hospitalized.
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His other three children, one of whom was born after he went to prison, all suffered mental anguish from his absence, the suit said.
A federal judge last week granted Lee's request to file his lawsuit in conjunction with an existing one by the mother of a 7-year-old girl killed in the crash.
Devyn Bolton suffered a broken neck and died of complications the following year. Her mother, Bridgette Trice of St. Paul, sued the automaker, as did other family members of the victims.
Lee alleges in his suit that:
--The car had defects that directly caused the accident.
--Toyota failed to provide adequate warnings to its customers.
--The car's design did not include a "brake override" system that existed at the time and that would have allowed the driver to control the vehicle regardless of acceleration.
--The company was negligent, committed fraud and was responsible for negligent infliction of emotional distress.
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Toyota eventually issued two major recalls, one Nov. 25, 2009, for floor mats and the second Jan. 21 for sticky accelerator pedals, involving about 8.5 million vehicles worldwide.
Distributed by McClatchy-Tribune Information Services.
