Originally Posted By: ekpolk
Originally Posted By: LS2JSTS
EK, when Toyota files redacted and edited EDR reports, some with entire columns of data missing. Aren't they in effect "deciding" what gets to the court and in front of the judges eyes?
The difference being. When a court orders a EDR report from a GM vehicle or a Ford vehicle, GM and Ford never handle it in any way....a third party provides it.
Easy solution. Motion for Order to Show Cause why the company should not be held in contempt for failure to timely disclose. If they don't cough up the info, fine them a million per day until they do.
That said, Toyota's alleged lack of cooperation does not imply that GM or Ford's data is good or bad, either way. Different issues altogether.
How are they seperate issues?
You need to research some of the cases Toyota has been involved with over the last ten years. I'm not talking UA cases here, although they apply as well. It's not an easy solution when the court is dealing with Toyota, there are documented cases where entire columns of data was missing, where the data didnt match the facts of the case, where the data contained partial information but lacked other pertinent info....EVERY one of them downloaded by Toyota.
What do you propose the fine SHOULD have been in those cases where Toyota provided partial data and then swore in Court that the data was unreliable and that any other data was unretrievable....They just stand there and tell the judge there is no other data your honor. How does a plaintiffs attorney get around that when there is only one reader on the entire continent and there are absolutely no third parties that can provide the data?
It really is unbelievable that you would come in here and deflect for Toyota by implying some lame argument that GM and Ford data may be unreliable as well....lol....Even though the GM and Ford systems have basically been an open architecture for years, readable by disinterested third parties. And with hundreds of court cases where they have been used and relied upon. Meanwhile Toyota has testified in court for years that their data was unreliable.
But it doesn't surprise me, it was mere weeks ago when you refused to believe that Toyota could even possibly be stupid enough to only have one EDR reader here in the States.
Since you or someone else locked the other thread....Are you willing to admit Toyota was that stupid? Do you see now there was just one reader stateside or do you still believe the one EDR reader fact was pure fiction....silly as you called it.
