|
Toyota Deal - Here Comes The Sludge Judge
Source:
Automotive News
LOS ANGELES -- Toyota Motor Sales U.S.A. Inc. has quietly
settled a class-action lawsuit that covers about 3.5 million Toyota and
Lexus vehicles that may have been damaged by engine oil sludge. Details
of the settlement, which allows for third-party mediation of sludge
claims rejected by Toyota, have been mailed to 7.5 million current and
previous owners.
Critics contend Toyota has told customers and dealers too little about
sludge issues. They say some customers took vehicles with dead engines
to dealers who had little or no knowledge of the problem and often
assumed it was the owners' fault. Unhappy customers had no remedy other
than hiring a lawyer to go after Toyota.
Under the agreement, owners whose claims have been denied by Toyota may
submit them to a third-party mediator at no cost for binding
arbitration. "This settlement breathes life into claims that have been
dead for years," said Gary Gambel, a lawyer for plaintiffs who sued
Toyota. "This is not a settlement that gives a few dollars to everyone.
The relief is exactly tied to the problems and damages that someone
might have."
The lawsuit, filed in a Louisiana district court, is expected to be approved by the court in early February.
About 3.3 million Toyota vehicles are susceptible to oil sludge, which
can cause thousands of dollars in damage and require replacement of the
engine. Here are the vehicles included in the settlement.
VEHICLE MODEL YEARS
Camry 4 cyl. 1997-2001
Camry 6 cyl. 1997-2002
Camry Solara 4 cyl. 1999-2001
Camry Solara 6 cyl. 1999-2002
Sienna 6 cyl. 1998-2002
Avalon 6 cyl. 1997-2002
Celica 4 cyl. 1997-1999
Highlander 6 cyl. 2001-2002
Lexus ES 300 1997-2002
Lexus RX 300 1999-2002
Sludge is gelled oil that fails to lubricate engine parts. It can lead
to damage, often requiring a new engine at a cost that can exceed
$10,000. Complaints about sludged engines have plagued several
carmakers, but Toyota's troubles have been especially controversial in
light of its reputation for vehicle quality. The issue highlights a
possible chink in the company's armor. Executives fear Toyota is
growing too fast for its engineering resources. That could lead to
quality snags and a tarnished reputation.
When a customer takes a sludge-caked engine to a dealership, there is
usually a "clean-out" procedure. The head is pulled and a service
technician tries to steam out the sludge. If that doesn't work, the
engine must be replaced. Sludge can result from poor engine
design; overly tight tolerances between moving parts; improper cooling;
and poor maintenance by consumers. Toyota insists the problem
arises mainly when owners fail to change their oil frequently
enough. The agreement does not find Toyota at fault.
"The settlement doesn't mean that Toyota or Lexus vehicles are
predisposed to develop oil gel," according to the notice. "The court
did not decide which side was right." After Toyota had received 3,400
sludge complaints by 2002 it extended its vehicle warranty to eight
years and unlimited miles. The program was offered to owners of
1997-2002 Toyota and Lexus vehicles equipped with 3.0-liter V-6 or
2.2-liter four-cylinder engines. The company declined to give an
updated number of complaints.
Under terms of the settlement:
Owners of damaged vehicles have eight years plus 120 days from the
original purchase date to file a complaint. If Toyota denies the claim,
owners can appeal to a judge-appointed third-party administrator: J.
Robert Ates, a New Orleans lawyer. Customers who have already made
repairs may be able to recover the costs. Only those who elect not to
participate in the settlement can sue Toyota individually. The deadline
for that choice was Dec. 31, 2006. The settlement is transferable to
future vehicle owners. The car only needs to show evidence of oil
sludge. It is not necessary for the owner to have made repairs during
the claim period. Damages that can be recovered include loss in value
of the vehicle and incidental costs, such as rental cars. Past lawyers'
fees, mental anguish and bodily injuries are not covered. A Toyota
spokesman said the agreement is not a defeat for the automaker. "The
settlement validates the customer support program we implemented four
years ago," Xavier Dominicis said. "The terms of the program remain
unchanged. There always was a way for customers to appeal our
decision." Plaintiff lawyers disagree. They say Toyota failed to
communicate the extent of the problem to its dealers and customers.
Toyota's appeal process also meant hiring a lawyer, which many
consumers could not afford. It costs nothing to file an appeal with
Ates. "The consumer only needs to show reasonable maintenance in
terms of oil changes," Gambel said. "You don't need to prove where the
sludge came from, or explain your driving habits. If you have oil
sludge, Toyota pays" the consumer. Consumers can get more information
by calling 888-279-4405 or at www.oilgelsettlement.com.
Secretary Of Transportation Announces Plan To Improve
Vehicle Crash Tests & Five Star Rating Program
Source: NHTSA
DETROIT
– The federal government would improve its automobile crash tests and
strengthen its five-star vehicle safety rating system under a plan
unveiled today by U.S. Transportation Secretary Mary E. Peters during a
visit to the North American International Auto Show in Detroit.
Under the improvements suggested for the five-star safety rating
program – known as the New Car Assessment Program (NCAP) - vehicles
will be subjected to more stringent rollover, frontal and side crash
tests. Secretary Peters added that the new proposal could include, for
the first time, ratings for crash avoidance technologies like
electronic stability control, adaptive cruise control and lane
departure warning systems. “Safety is not a static concept. Our
approach to constantly improving vehicle safety can’t be either. Every
day, we’re working hard to raise the bar on auto safety” said Secretary
Peters. “Our proposals not only improve overall vehicle safety, they
provide better, more useful information for consumers.”
The NCAP proposal lays out short and long-term strategies to not only
improve overall vehicle safety, but to provide better, more useful
information to help consumers make more informed decisions when they
buy cars, trucks, or SUVs. The Secretary announced plans to hold a
public meeting on March 7 in Washington, D.C., to provide the public
with an opportunity to provide input and ask questions. For nearly 30
years, Secretary Peters said, NCAP has been the catalyst for
encouraging major safety improvements to new car design. Consumer
demand has driven more manufacturers to design passenger vehicles that
are safer than ever before. But even with those high standards, she
said, more than 40,000 people still lose their lives in car crashes on
America’s roads each year.
“We can never become complacent about saving the lives of our loved
ones and we must be willing to evolve along with the times and
technology,” Secretary Peters said. “And that’s exactly what the
recommendations that we release today seek to do.”
Each year, the National Highway Traffic Safety Administration (NHTSA)
performs rollover and crash tests on new cars and trucks and assigns
them with a safety rating. Five stars is the top rating. Today, 95
percent of new cars received the top ratings in crash tests. For
further information on the current NCAP program please go to
www.safercar.gov.
Driving While Taking Medications
Source: AP
For
most people, driving represents freedom, control and independence.
Driving enables most people to get to the places they want or need to
go. For many people, driving is important economically – some drive as
part of their job or to get to and from work.
Driving is a complex skill. Our ability to drive safely can be affected
by changes in our physical, emotional and mental condition. The goal of
this article is to help you and your health care professional talk
about how your medications may affect your ability to drive safely. How
can medications affect my driving? People take medications for a
variety of reasons. Those can include:
* allergies
* anxiety
* cold
* depression
* diabetes
* heart and cholesterol conditions
* high blood pressure
* muscle spasms
* pain
* Parkinson’s disease
* schizophrenia
Medicines include medications that your doctor prescribes and
over-the-counter medications that you buy without a doctor’s
prescription. Many individuals also take herbal supplements. Some of
these medications and supplements may cause a variety of reactions that
may make it more difficult for you to drive a car safely. These
reactions may include:
* sleepiness
* blurred vision
* dizziness
* slowed movement
* fainting
* inability to focus or pay attention
* nausea
Often people take more than one medication at a time. The combination
of different medications can cause problems for some people. This is
especially true for older adults because they take more medications
than any other age group. Due to changes in the body as people age,
older adults are more prone to medication related problems. The more
medications you take, the greater your risk that your medicines will
affect your ability to drive safely. To help avoid problems, it is
important that at least once a year you talk to your doctor or
pharmacist about all the medications – both prescription and
over-the-counter – you are taking. Also let your professional know what
herbal supplements, if any, you are taking. Do this even if your
medications and supplements are not currently causing you a problem.
Can I still drive safely if I am taking medications?
Yes, most people can drive safely if they are taking medications. It
depends on the effect those medications – both prescription and
over-the-counter – have on your driving. In some cases you may not be
aware of the effects. But, in many instances, your doctor can help to
minimize the negative impact of your medications on your driving in
several ways. Your doctor may be able to:
* adjust the dose;
* adjust the timing of doses or when you take the medication;
* add an exercise or nutrition program to lessen the
need
for
medication;
* change medication to one that causes less drowsiness.
What can I do if I am taking medications?
Talk to your doctor honestly. When your doctor prescribes a medicine
for you, ask about side effects. How should you expect the medicine to
affect your ability to drive? Remind your doctor of other medications –
both prescription and over-the-counter – and herbal supplements you are
taking, especially if you see more than one doctor. Talking honestly
with your doctor also means telling the doctor if you are not taking
all or any of the prescribed medication. Do not stop taking your
medication unless your doctor tells you to.
Ask your doctor if you should drive — especially when you first take a
medication. Taking a new medication can cause you to react in a number
of ways. It is recommended that you do not drive when you first start
taking a new medication until you know how that drug affects you. You
also need to be aware that some over-the-counter medicines and herbal
supplements can make it difficult for you to drive safely.
Talk to your pharmacist. Get to know your pharmacist. Ask the
pharmacist to go over your medications with you and to remind you of
effects they may have on your ability to drive safely. Be sure to
request printed information about the side effects of any new
medication. Remind your pharmacist of other medicines and herbal
supplements you are taking. Pharmacists are available to answer
questions wherever you get your medications. Many people buy medicines
by mail. Mail-order pharmacies have a toll-free number you can call and
a pharmacist available to answer your questions about medications.
Monitor yourself. Learn to know how your body reacts to the medications
and supplements. Keep track of how you feel after you take the
medication. For example, do you feel sleepy? Is your vision blurry? Do
you feel weak and slow? When do these things happen? Let your doctor
and pharmacist know what is happening. No matter what your reaction is
to taking a medicine – good or bad – tell your doctor and pharmacist.
Both prescription and over-the-counter medications are powerful—that’s
why they work. Each person is unique. Two people may respond
differently to the same medicine. If you are experiencing side effects,
the doctor needs to know that in order to adjust your medication. Your
doctor can help you find medications that work best for you.
What if I have to cut back or give up driving?
You can keep your independence even if you have to cut back or give up
on your driving due to your need to take medications. It may take
planning ahead on your part, but it will get you to the places you want
to go and the people you want to see. Consider:
* rides with family and friends;
* taxi cabs;
* shuttle buses or vans;
* public buses, trains and subways and walking.
Also, senior centers and religious and other local service groups often
offer transportation services for older adults in the community. Call
the ElderCare Locator at 1-800-677-1116 and ask for the phone number of
your local Office on Aging, or go to their website at www.eldercare.gov.
In Passing.
(Obituaries Courtesy The Standard Times)
Note: Due to recent requests, we will be adding family survivors to our customer’s obituaries as space allows.
Albert H. Habedank,
80, of Fairhaven died October 15, 2006 after a long illness with a
brief stay at Alden Court Nursing and Rehabilitation Center. He was the
husband of Lillian E. (Bjerk) Habedank. Born in Madison, WI, the son of
the late Albert J. and Elsie M. (Eggers) Habedank, he lived in Madison
and in McIntosh, MN, before moving to Fairhaven in 1969. He was a
member of The International Church of the Nazarene. Mr. Habedank was
formerly employed in the engineering field for Land-O-Lakes in
Minnesota, Ice Engineering in New Bedford and American Steamship
Company in Buffalo, NY. He served in the U.S. Army during World War II,
participating in the battles of the Ardennes, Rhineland and Central
Europe, and was the recipient of the Purple Heart, the
European-African-Middle Eastern Theater campaign medal, the Good
Conduct medal and the World War II Victory medal. Survivors include his
wife; a son, Richard D. Habedank, and his wife Linda, of Longview, WA;
2 daughters, Kathryn M.H. Lopes, and her husband Carl, of Marstons
Mills and Karen B. Van Loon, and her husband Gerrit, of Ithaca, NY; a
brother, Roland Habedank of McIntosh, MN; a sister, Delores Aakre of
Clearbrook, MN; 6 grandchildren, David, Jared, Andrea, Todd, Branden
and Christopher; a great-grandson, Jake; and numerous nieces and nephew
|
