Friday, October 29, 2010

Stamford Mother Files Federal Complaint Against Toyota in Son's Fatal Crash

STAMFORD -- Over the past few months as Barbara Green saw Toyota announce the recall of millions of vehicles for speed control problems, she felt convinced the authorities' accepted conclusion that her son's death was the result of his own error needed to be investigated further.

"I don't know what happened, but I want to clear his name," Green said.

Two months ago, Green filed a complaint with the National Highway Traffic Safety Administration alleging a mechanical defect was the possible reason a 2000 Toyota Solara sped up on a New Britain street, causing her son Blazej Ignatowicz, 22, to lose control of it and strike a speed limit sign before plowing into some trees. Ignatowicz was killed in the Dec. 1, 2006, crash.

Ignatowicz was returning home from an evening out with three friends at a nearby bar about a mile-and-a-half from his apartment.

A New Britain police investigation identified excessive speed and alcohol consumption as factors in the accident, and an inspection of the wreck found no defects with the car.

The police report also showed Ignatowicz's blood-alcohol level was .15, just under double the legal limit, but Green is also challenging the results of those tests.

Green said she is contesting the results of the blood tests, which she said are suspect based on her son's brawny 6-foot-7-inch frame.

"I always knew something was wrong but when I saw the recalls on the news it made it clearer," said Green, a mortgage broker who lives in North Stamford. "He would never have been that inebriated."

The 2000 Solara model has not yet been included in Toyota's ongoing recalls, which began last fall to address concerns about sudden acceleration.

In a statement in response to questions about its investigation of NHTSA complaints for this story, Toyota indicated it was continuing to work with federal regulators to probe allegations of unintended acceleration.

"Toyota sympathizes with the individuals and families involved in any accident involving our vehicles," the statement reads. "... We remain committed to investigating reported incidents of unintended acceleration in our vehicles quickly."

Since last fall, Toyota has recalled more than 8 million cars worldwide for problems involving sudden acceleration, with executives maintaining that in rare instances, poorly-fit floor mats and faulty accelerator pedals could cause cars to accelerate.

Last week, U.S. Transportation Secretary Ray LaHood announced that NHTSA had enlisted scientists from the National Academy of Sciences and the National Aeronautics and Space Administration to examine whether underlying flaws in electronic throttle and other systems might be the cause of the reported incidents.

According to affidavits sworn to New Britain police, Ignatowicz and his three other companions met at Elmer's Place, a pub in New Britain at 9:30 p.m. on Dec. 1, 2006, remaining there approximately three hours.

Ignatowicz' companions said that he had three or four beers and a shot of liquor between 9:30 p.m. and 12:20 a.m., according to the police report.

Green said that she would consider filing a class-action lawsuit on behalf of her son and other Solara owners if the federal investigation determines a mechanical defect played a part in any accidents involving older model Solaras.

Last year, she started a Web site, toyotacauseofdeath.com, explaining the circumstances of the accident and why she believes a mechanical defect may have caused her son's accident.

"Any settlement I would give to charity," she said. "I am a 50-year-old woman who lost her only son and the only thing I want to do is learn the truth."

Staff Writer Martin B. Cassidy can be reached at martin.cassidy@scni.com or at 203-964-2264.

No comments: