By JOSEPH G. LARIOSA

(© Journal Group Link International)

C HICAGO (JGLi) – The heirs of the family of four people, involving Filipino Americans, who died in a fiery Toyota car crash last August, are seeking a jury trial in a civil lawsuit they filed against Toyota Motors before the Superior Court of San Diego, California.

Attorney John H. Gomez is also seeking unspecified amount in “general damages for each of the four victims, pre-judgment interest, costs incurred and such other and further relief as the court may deem just and proper.”

Gomez filed the civil suit for product liability last March 2 but he is seeking “leave of this Court to amend this Complaint with true names and capacities of the Doe defendants when the true names and capacities become known to the Plaintiffs.”

The complainants in the eight-page lawsuit were Fe and Cleto Lastrella of Vallejo, California, and John Saylor and Joan Robbins both of Union, Missouri.

Fe and Cleto Lastrella are the parents of Cleofe L. Saylor, 45, a native of Nabua, Camarines Sur in the Philippines and a senior research associate; their son, Christopher N. Lastrella, 38, a native of Midway Island, Hawaii; their son-in-law Mark Wesley Saylor, 45, born in St. Louis, Missouri, and their 12-year-old granddaughter Mahala Manda Saylor, a native of San Diego, who all died on board a Toyota Lexus sedan driven by Mark Saylor.

Court records showed that the sedan “began to accelerate on its own” despite Mark Saylor’s attempt “to apply the brakes” on State Route 125 in Santee, San Diego, on Aug. 28. It reached “speeds in excess of 100 miles per hour” and hit “another vehicle, broke thru a fence, struck a beam, flew through the air, rolled several times into a field and burst into flames.”

John Saylor and Joan Robbins are the parents of Mark Saylor.

Named defendants are Toyota Motor Corporation, foreign corporation; Toyota Motor Sales U.S.A., Inc., a California Corporation; Toyota Motor Engineering & Manufacturing North America, Inc., a Kentucky corporation; Toyota Technical Center, U.S.A., a foreign business entity; Toyota Technical Center Japan; El Cajon Luxury Cars, doing business as Bob Baker Lexus “and Does 1 through 50, Inclusive.”

A week before filing the lawsuit, Fe Lastrella was invited to speak before the Oversight and Government Reform Committee of the House of Representatives in Washington, D.C. But she did speak about the car crash that shattered her family.

"I'm here to speak for my four children and for the safety of the consumers throughout the world," Lastrella told the Committee. "You don't want another family to suffer like we are suffering."

The tragedy got the attention of the world’s largest automaker and prompted Akio Toyoda, the Japanese grandson of the company’s founder, to testify in an extraordinary appearance before a committee of the U.S. Congress.

Toyoda spoke before Lastrella took her turn to speak. He apologized to Congress, the millions of Toyota owners and to the Saylor family repeatedly during his three hours of testimony.

She spoke only of the lives and times of her children. Mrs. Lastrella mentioned that her son-in-law, Mark Saylor, was commended for pulling a man out of burning car in 1997. She said, “It is ironic that he was able to save someone but he could not even save his own family.”

Mark Saylor took his 2006 Lexus IS250 to Bob Baker Lexus on the morning of Aug. 28 for service. Bob Baker Lexus, in turn, provided Mark a 2009 Lexus ES350 Sedan as “loaner (service) vehicle.”

After taking off from work as California Highway Patrol Officer, Mark picked up his family, including his wife, Cleofe, their daughter, Mahala, and Cleofe’s brother, Mark’s brother-in-law, and Mahala’s uncle, Christopher Lastrella.

They left home on a family outing. Mark drove north on Interstate 125 on board the “loaned” Lexus, which “began to accelerate on its own” and without Mark “causing it to do so.” A highly-trained driver and law-enforcement officer, Mark attempted to apply the brakes but “he was unable to do so.”

Christopher was able to call 911 Emergency, saying, “We’re on North 125 and our accelerator is stuck.” The 911 Dispatcher asked, “I’m sorry?” Christopher repeated to the Dispatcher, “Our accelerator is stuck.”

The Dispatcher asked, “Northbound 125. What are you passing?”

Christopher responded, “We’re going 120. Mission Gorge. We’re in trouble. We can’t… there’s no brakes. End freeway half mile."

Christopher continued, “We are approaching the intersection." Others are heard, saying, 'hold on' and 'pray' as the tragic call ends.” (lariosa_jos@sbcglobal.net) # # #

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