HomeWyomingThe Spence Law FirmProven verdictsSpence Law Settles First Wrongful Death Bellwether Case in Toyota Unintended Acceleration MDL
Settlement

Spence Law Settles First Wrongful Death Bellwether Case in Toyota Unintended Acceleration MDL

Settlement · U.S. District Court, Central District of California (Toyota MDL No. 2:10-ml-02151) · 2013

Won by The Spence Law Firm.

Robert A. Krause of The Spence Law Firm resolved the first wrongful death bellwether case in the Toyota unintended acceleration MDL on behalf of the families of Paul Van Alfen and Charlene Jones Lloyd, killed in a 2010 Utah crash, with Toyota settling confidentially days before a February 2013 trial date.

What happened

On the evening of November 5, 2010, Paul Van Alfen was driving his 2008 Toyota Camry westbound on Interstate 80 near Wendover, Utah, with Charlene Jones Lloyd as a passenger and his wife and son also in the car. Without warning, the Camry began accelerating on its own. Skid marks on the road later showed that Van Alfen tried to brake as the vehicle exited the highway. The car ran through a stop sign at the bottom of the off-ramp, crossed an intersection, and struck a wall. Van Alfen and Lloyd died from their injuries. Van Alfen's wife and son survived but sustained serious injuries.

Investigators concluded that a floor mat from a different vehicle model had been installed in the Camry, trapping the accelerator pedal. The crash came during a period of intense scrutiny of Toyota's vehicles: the company had already recalled more than 14 million cars over accelerator defects, and hundreds of wrongful death and personal injury lawsuits had been consolidated into a federal multidistrict litigation in the Central District of California.

Robert A. Krause of The Spence Law Firm, along with co-counsel Mark P. Robinson, took on the Van Alfen case within that MDL. Federal judges selected it as one of the first bellwether cases, meaning a trial verdict would signal the litigation's likely direction and inform potential global settlement discussions. The case was scheduled to go to trial on February 19, 2013, making it the first personal injury wrongful death bellwether in the Toyota MDL set to be decided by a jury.

On January 17, 2013, Toyota settled the case before the trial could begin. The company did not disclose the financial terms, and the settlement amount remains confidential. The resolution came less than five weeks before the scheduled trial date. At the time, Toyota had separately agreed to a settlement exceeding $1 billion to resolve economic-loss claims from vehicle owners, but the wrongful death cases remained on a separate track.

The Van Alfen settlement was the first wrongful death bellwether case in the Toyota MDL to be resolved, and its timing, on the eve of trial, reflected the litigation pressure the plaintiffs' team had built through years of pretrial work in a complex federal mass tort.

Sources

This account is drawn from contemporaneous public reporting and the court record.

More proven verdicts from The Spence Law Firm

All The Spence Law Firm proven verdicts →
$35.19 millionVerdictWY

After a seven-day bench trial in Sublette County, a Wyoming district court awarded APMTG Helium $35,199,276.79 against Denbury Onshore for failing to deliver helium under a long-term supply contract, and the Wyoming Supreme Court upheld the award in December 2020.

2019 · District Court, Ninth Judicial District, Sublette County, WyomingRead the full story →
$10.2 millionVerdictReduced from $13.6 millionCar AccidentsIA

A Black Hawk County jury returned a $13.6 million verdict for Jarvis Lee Boggs, paralyzed when a Waterloo police officer ran a red light at 61 mph without lights or siren and slammed into his car at 12:45 a.m. on New Year's Eve 2008.

2013 · Black Hawk County District Court, IowaRead the full story →
$4.65 millionVerdictReduced from $28.5 millionPremises LiabilityWY

A federal jury in Wyoming awarded Amber Lompe $28.2 million after carbon monoxide from a faulty furnace caused permanent brain injury at her Casper apartment, a verdict that stood as one of the largest personal-injury awards in Wyoming history before the Tenth Circuit reduced the punitive component on due-process grounds.

2013 · U.S. District Court, District of WyomingRead the full story →
$2.89 millionVerdictWorkplace InjuryWY

A Sweetwater County jury returned a $5.19 million verdict for oilfield worker Blake Horr after a rubber well component, ejected by trapped pressure that Merit Energy's supervisor failed to relieve, shattered bones and severed nerves in his left hand and arm during a 2011 work-over operation in Bairoil, Wyoming.

2014 · District Court of Sweetwater County, Wyoming (Third Judicial District)Read the full story →

Related car accident verdicts

$301.04 billionVerdictNot collectableTX

On December 7, 2021, a Nueces County jury in Corpus Christi returned $1.04 billion in actual damages and $300 billion in exemplary damages, about $301.04 billion in total, against Beer Belly's Sports Bar and its owner for overserving a driver who killed Tamra Kay Kindred, 59, and her 16-year-old granddaughter in a 2017 crash. It was reported as the largest jury verdict ever recorded, and it was built to be symbolic: the bar had closed in 2019, Texas does not require bars to carry liquor liability insurance, and the family and its lawyers said openly that they expected to recover nothing and sought the number as a public statement against drunk driving. John Flood of Flood Trial Lawyers was lead counsel, with Sico, Hoelscher & Harris LLP as co-counsel; Craig Sico delivered the closing argument that asked jurors to decide how loudly their voice would be heard.

Sico Hoelscher Harris LLP2021 · Nueces County District Court, Corpus Christi, TXRead the full story →
$896.5 millionVerdictOn appealMI

An Oakland County jury awarded $896.5 million to a young boy who was struck by a prototype test car during a student field trip at a Continental test track, reported as the largest verdict in Michigan history. The award is pre-appeal: post-trial motions are pending, Continental never made a settlement offer, and the amount could still be reduced.

Marko Law Firm and Scott Goodwin Law P.C.2026 · Oakland County Circuit Court, MichiganRead the full story →
$831 millionVerdictTX

A Bexar County jury awarded roughly $831 million to Blas Mendez Jr., a longtime Seguin ISD special education behavior specialist left partially paralyzed after his motorcycle hit wreckage left in the road by an 18-year-old drunk driver who had been served at Koozies Icehouse & Grill in New Braunfels. Todd A. Hunter of Hunter Trial Law tried the dram shop case with E. Chevo Pastrano and Ginna G. Pastrano of The Pastrano Law Firm. The award was reported as the largest verdict ever returned by a San Antonio jury, and the bar had already closed by the time it came in, so the family is not expected to collect most, if any, of it.

Hunter Trial Law2025 · Bexar County District Court (San Antonio, TX)Read the full story →
$557 millionVerdictReversed on appealTX

A Harris County jury awarded Mary Johnson $557 million against Union Pacific for a 2016 Houston train strike that cost her a leg, several fingers, and left her with a brain injury, a figure the trial court later cut and an appeals court reversed for a new trial.

Arnold & Itkin2023 · Harris County District Court, Houston, TXRead the full story →