BAKERSFIELD - It's a case that could have major implications for Toyota and the millions of people who drive its vehicles.
A local man is suing the car company, saying the seatback of his Camry collapsed during a crash on Highway 99 five years ago.
His attorney contends it's a design flaw and the seats aren't strong enough.
Call it a perfect storm. High winds and blowing dust across Highway 99 caused a seven-car pile up in 2008 that left Tom Gutcher in a coma.
"When you see the car ahead of you stop, you slow down. Most people did. Three or four people didn't, said CHP Officer Greg Williams after the crash.
Authorities said farmers working close to Taft Highway kicked up dust. Gutcher stopped when visibility plummeted, but a farm truck didn't and slammed into his car.
Gutcher suffered a bleed on his brain after his attorney says, the seat in his Camry collapsed.
"If Mr. Gutcher's seatback had stayed up he would not have been hurt," said Leon Russell, Gutcher's attorney.
Now, Gutcher is suing Toyota for $25 million, saying the seats in Camrys built from 1997 to 2001 are too weak.
"They ought to be looking at the strength of their seats and deciding if they are strong enough because this seat failed for a person who is not that abnormal and this was not an abnormal crash," added Russell.
This case could have international implications with attorneys arguing there was a design flaw in the Camry's seat that could affect hundreds of thousands of cars still on the road today.
The newer Camrys do have stronger seats which is evidence perhaps, that Toyota recognized that the older seats were not good enough.
A Toyota spokeswoman released this statement: "Toyota stands behind the quality of its vehicles, including the 1999 Toyota Camry at issue in this case. We are confident the evidence will clearly demonstrate that these vehicles are safe."
Due to an administrative issue our camera was not allowed in the courtroom Wednesday, but an automotive safety expert hired by Gutcher's lawyers showed test videos that demonstrate how a seatback failure can injure and even kill.
"it's a very popular family sedan which is a real cause for concern because there are a lot of them out there," said Russell.
The trial is expected to last through September 22nd.
Gutcher reached a confidential settlement with the farming operation accused of kicking up the dust.
A local man is suing the car company, saying the seatback of his Camry collapsed during a crash on Highway 99 five years ago.
His attorney contends it's a design flaw and the seats aren't strong enough.
Call it a perfect storm. High winds and blowing dust across Highway 99 caused a seven-car pile up in 2008 that left Tom Gutcher in a coma.
"When you see the car ahead of you stop, you slow down. Most people did. Three or four people didn't, said CHP Officer Greg Williams after the crash.
Authorities said farmers working close to Taft Highway kicked up dust. Gutcher stopped when visibility plummeted, but a farm truck didn't and slammed into his car.
Gutcher suffered a bleed on his brain after his attorney says, the seat in his Camry collapsed.
"If Mr. Gutcher's seatback had stayed up he would not have been hurt," said Leon Russell, Gutcher's attorney.
Now, Gutcher is suing Toyota for $25 million, saying the seats in Camrys built from 1997 to 2001 are too weak.
"They ought to be looking at the strength of their seats and deciding if they are strong enough because this seat failed for a person who is not that abnormal and this was not an abnormal crash," added Russell.
This case could have international implications with attorneys arguing there was a design flaw in the Camry's seat that could affect hundreds of thousands of cars still on the road today.
The newer Camrys do have stronger seats which is evidence perhaps, that Toyota recognized that the older seats were not good enough.
A Toyota spokeswoman released this statement: "Toyota stands behind the quality of its vehicles, including the 1999 Toyota Camry at issue in this case. We are confident the evidence will clearly demonstrate that these vehicles are safe."
Due to an administrative issue our camera was not allowed in the courtroom Wednesday, but an automotive safety expert hired by Gutcher's lawyers showed test videos that demonstrate how a seatback failure can injure and even kill.
"it's a very popular family sedan which is a real cause for concern because there are a lot of them out there," said Russell.
The trial is expected to last through September 22nd.
Gutcher reached a confidential settlement with the farming operation accused of kicking up the dust.