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Re: boston745 post# 49266

Tuesday, 06/08/2021 3:35:56 PM

Tuesday, June 08, 2021 3:35:56 PM

Post# of 86593
Read Jury Verdict Forms:

Jury Verdict Form – Bookout v Toyota (pdf)

https://www.beasleyallen.com/wp-content/uploads/toyota-sua-jury-verdict-form-bookout.pdf

Jury Verdict Form – Schwarz v Toyota (pdf)


https://www.beasleyallen.com/wp-content/uploads/toyota-sua-jury-verdict-form-schwarz.pdf


As you can see a jury did not find Toyota guilty of SUA as a result of bit flips caused by cosmic rays. Toyota was found guilty by a jury of product liability only. The jury could not determine a cause. The plaintiff asked for 1.5 million and the judge agreed to the amount he awarded.


IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA
JEAN BOOKOUT; CHARLES SCHWARZ, Individually and as Personal Representative of the Estate of Barbara Schwarz, deceased; RICHARD FORRESTER BRANDT as Personal Representative of the Estate of Barbara Schwarz, deceased,
Plaintiffs,
VS. )
Case No. CJ-2008-7969
TOYOTA MOTOR CORPORATION; and TOYOTA MOTOR SALES, U.S.A., INC.;
Defendants.
) )
) )
VERDICT FORM - Claims of Charles Schwarz and Richard Forrester Brandt, Personal Representatives of the Estate of Barbara Schwarz
You must complete Section I (manufacturers' products liability claim) of this verdict form. If you find in favor of Plaintiffs Charles Schwarz and Richard Forrester Brandt, Personal Representatives of the Estate of Barbara Schwarz, then you must also complete Section II (damages) and Section III (punitive damages).
Section I - Manufacturers' Products Liability Claim
We, the jury, empaneled and sworn in the above entitled cause, do, upon our oaths, find as follows with respect to the manufacturers' products liability claim of Plaintiffs Charles Schwarz and Richard Forrester Brandt, Personal Representatives of the Estate of Barbara
) )
) ) ) ) )
In favor of Plaintiffs Charles Schwarz and Richard Forrester Brandt, Personal Schwar_LRepresentatives of the Estate of Barbara Schwarz, and against Defendants.
In favor of Defendants and against Plaintiffs Charles Schwarz and Richard Forrester Brandt, Personal Representatives of the Estate of Barbara Schwarz.
11
z (check one):

Section II - Damages
[Complete Section III only if you have found: in favor of Plaintiffs Charles Schwarz and Richard Forrester Brandt, Personal Representatives of the Estate of Barbara Schwarz, on their manufacturers' products liability claim.
We, the jury, empaneled and sworn in the above entitled cause, do, upon our oaths, find the dollar amount of damages sustained pursuant to Jury Instruction No. I q , is the sum of
Section III - Punitive Damages
[Complete the following only if you have found in favor of Plaintiffs Charles Schwarz and Richard Forrester Brandt, Personal Representatives of the Estate of Barbara Schwarz, and awarded them damages in Section III.]
1. We do _2(__ do not __ (check one) find by clear and convincing evidence that Defendants acted in reckless disregard of the rights of Plaintiffs.
2. We do __ do not X (check one) find by clear and convincing evidence that Defendants acted intentionally and with malice towards Plaintiffs.
$ I15<::X:\OC:X)

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