Anxious New Yorkers grapple with second subway death in a month









NEW YORK — As police continued searching Friday for a woman who witnesses say sent a man to his death by pushing him into an oncoming subway train in Queens, anxious New Yorkers spoke with a mix of shock, horror and nonchalance as they grappled with the second such death in a month along the city's massive transit system.


Police identified the victim in Thursday night's incident as Sunando Sen, a 46-year-old Queens resident and native of India who worked at a printing business.


Police said the woman — described as a heavyset Latina and approximately 5 feet 5 — fled after the pushing. Surveillance video recorded shortly after the incident shows a heavyset woman running through an intersection near the station platform. A $12,000 reward is being offered and police have released a sketch of the suspect.





At the above-ground station where the main died, in the Sunnyside neighborhood of Queens, police officers were stationed inside the entrance, while some riders said they kept closer to the walls than usual as trains rolled into the station early Friday afternoon.


Maria Roquete, 55, promptly took a seat on a wooden bench as she waited for her train.


"Even if this station is empty, I have to sit down," said Roquete, who moved to New York from Brazil 13 years ago. "I'm scared."


Other commuters questioned whether enough was being done to ensure safety on the subway. One rider suggested police should have more cameras or officers on the platforms.


Thursday's death occurred just after 8 p.m., when a woman, who witnesses said appeared to be mumbling to herself, suddenly pushed a man from behind as he waited for the No. 7 elevated train to arrive at the station, police said.


"Witnesses said she was walking back and forth on the platform, talking to herself, before taking a seat alone on a wooden bench near the north end of the platform," Paul J. Browne, the NYPD's deputy commissioner, said in a statement. "When the train pulled into the station, the suspect rose from the bench and pushed the man, who was standing with his back to her, onto the tracks into the path of the train. The victim appeared not to notice her, according to witnesses."


For some, Thursday's death on the tracks served to underscore such urban dangers, especially with a transit system that carries 5.3 million riders daily.


On Dec. 3, Ki-Suck Han was crushed by an oncoming train at a subway station in Midtown Manhattan. Han, 58, had been on his way to the South Korean Consulate to renew his passport when, witnesses said, he began arguing with a man who had been harassing people on the platform.


The man, later identified as 30-year-old Naeem Davis, is accused of pushing Han onto the tracks. Han's final moments were captured by a nearby photographer, whose picture ran on the front page of the New York Post. Publication of the photo launched a media controversy over whether the photographer should have tried to help. Davis, who is homeless, has been charged with murder,


Despite the nearly back-to-back subway deaths, Pete Martinez recalled how he used to "subway surf" on top of cars while growing up in the Bronx. He shrugged off Thursday's homicide as "everyday life in the city."


Martinez, 51, said he even witnessed a woman die on subway tracks two years ago. "Every time you leave home you're taking a chance," he said, leaning against a stairway railing as he waited for an uptown train at New York's Penn Station in Manhattan.


Others' nerves were more frayed.


"It's horrible," Elena Rodriguez, a 46-year-old accountant, said as she waited for a downtown express train on the Upper West Side. "We're feeling so insecure now to be in the subway."


Rodriguez said that one of her clients, a yoga instructor, took a cab to work Friday because of Thursday's death. And the fact that a similar death happened less than four weeks ago is making her question whether she wants to stay in New York.


"Now with this, I'm thinking twice," the Upper East Side resident said. "Do I want to risk my life living in New York? No."


Although the two December deaths have left some riders frightened, such pushing incidents are considered rare in the 24-hour subway system.


In separate incidents earlier this year, two people were pushed onto tracks, and both survived. In a third incident, a man died after falling onto tracks during a fight with another commuter. The man was struck by a train and killed.





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So Last Year: RIM Dumps Cloud Hosting Acquisition











Last year, RIM — maker of the BlackBerry smartphone line — acquired NewBay, a cloud hosting service, for $100 million. But on Friday, Synchronoss, a mobile software company, announced that it is buying NewBay from RIM for $55 million cash.


The New Bay acquisition was seen as a way for RIM to compete with other file hosting and sync services, such as Apple iCloud, Amazon Cloud Drive, and Google Docs (now Google Drive). File sync services were hot at the time. Box was rumored to have turned down a $500,000+ acquisition deal, and Dropbox reportedly turned down a nine-figure acquisition offer from Apple. And Citrix acquired ShareFile, a lesser-known player.


RIM had been acquiring companies like contact management firm Gist and appointment management tool Tungle, suggesting the company was building out a stack of cloud-based mobile apps that would be independent of its own BlackBerry line. Meanwhile, rumor spread that the company would release a cross-platform version of BlackBerry Messenger as competing services like Beluga, GroupMe, and Kik began to challenge the product’s dominance.


As RIM bled market share to Apple and Samsung, these moves suggested that RIM could save itself by becoming a hardware-agnostic mobile software company. That hasn’t happened.


Although RIM began supporting Android and iOS on its popular BlackBerry Enterprise Server, the device management market has dozens of other players, including Good, which actually licenses RIM technology, and Microsoft, which has only recently joined the fray. And RIM shuttered both Gist and Tungle earlier this year to focus on developing similar BlackBerry-only products, and denies that a cross-platform version is on the roadmap.


With the sale of NewBay, it appears any hope for a cross-platform RIM is dead.






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Fans to join Beyonce onstage at Super Bowl






NEW YORK (AP) — All the single ladies — and fellas — will have a chance to join Beyonce onstage at the upcoming Super Bowl.


Pepsi announced Friday that 100 fans will hit the stage when the Grammy-winning diva performs on Feb. 3 at the Mercedes-Benz Superdome in New Orleans. A contest that kicks off Saturday will allow fans to submit photos of themselves in various poses, including head bopping, feet tapping and hip shaking. Those pictures will be used in a TV ad introducing Beyonce’s halftime performance, and 50 people — along with a friend — will be selected to join the singer onstage.






The photo contest — at www.pepsi.com/halftime — ends Jan. 19, but Jan. 11 is the cut-off date for those interested in appearing onstage with Beyonce.


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Surgery Returns to NYU Langone Medical Center


Chang W. Lee/The New York Times


Senator Charles E. Schumer spoke at a news conference Thursday about the reopening of NYU Langone Medical Center.







NYU Langone Medical Center opened its doors to surgical patients on Thursday, almost two months after Hurricane Sandy overflowed the banks of the East River and forced the evacuation of hundreds of patients.




While the medical center had been treating many outpatients, it had farmed out surgery to other hospitals, which created scheduling problems that forced many patients to have their operations on nights and weekends, when staffing is traditionally low. Some patients and doctors had to postpone not just elective but also necessary operations for lack of space at other hospitals.


The medical center’s Tisch Hospital, its major hospital for inpatient services, between 30th and 34th Streets on First Avenue, had been closed since the hurricane knocked out power and forced the evacuation of more than 300 patients, some on sleds brought down darkened flights of stairs.


“I think it’s a little bit of a miracle on 34th Street that this happened so quickly,” Senator Charles E. Schumer of New York said Thursday.


Mr. Schumer credited the medical center’s leadership and esprit de corps, and also a tour of the damaged hospital on Nov. 9 by the administrator of the Federal Emergency Management Agency, W. Craig Fugate, whom he and others escorted through watery basement hallways.


“Every time I talk to Fugate there are a lot of questions, but one is, ‘How are you doing at NYU?’ ” the senator said.


The reopening of Tisch to surgery patients and associated services, like intensive care, some types of radiology and recovery room anesthesia, was part of a phased restoration that will continue. Besides providing an essential service, surgery is among the more lucrative of hospital services.


The hospital’s emergency department is expected to delay its reopening for about 11 months, in part to accommodate an expansion in capacity to 65,000 patient visits a year, from 43,000, said Dr. Andrew W. Brotman, its senior vice president and vice dean for clinical affairs and strategy.


In the meantime, NYU Langone is setting up an urgent care center with 31 bays and an observation unit, which will be able to treat some emergency patients. It will initially not accept ambulances, but might be able to later, Dr. Brotman said. Nearby Bellevue Hospital Center, which was also evacuated, opened its emergency department to noncritical injuries on Monday.


Labor and delivery, the cancer floor, epilepsy treatment and pediatrics and neurology beyond surgery are expected to open in mid-January, Langone officials said. While some radiology equipment, which was in the basement, has been restored, other equipment — including a Gamma Knife, a device using radiation to treat brain tumors — is not back.


The flooded basement is still being worked on, and electrical gear has temporarily been moved upstairs. Mr. Schumer, a Democrat, said that a $60 billion bill to pay for hurricane losses and recovery in New York and New Jersey was nearing a vote, and that he was optimistic it would pass in the Senate with bipartisan support. But the measure’s fate in the Republican-controlled House is far less certain.


The bill includes $1.2 billion for damage and lost revenue at NYU Langone, including some money from the National Institutes of Health to restore research projects. It would also cover Long Beach Medical Center in Nassau County, Bellevue, Coney Island Hospital and the Veterans Affairs hospital in Manhattan.


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L.A. gun buyback program breaks a record









A one-day gun buyback event in Los Angeles on Wednesday gathered 2,037 firearms, including 75 assault weapons and two rocket launchers, officials said. The total was nearly 400 more weapons than were collected in a similar buyback earlier this year.


Mayor Antonio Villaraigosa said the collection at two locations was so successful that the city ran out of money for supermarket gift cards and got a private donation through the city controller to bolster the pot.


The gun buyback was moved up from its usual Mother's Day date in response to the massacre Dec. 14 that claimed the lives of 26 people, including 20 students, at Sandy Hook Elementary School in Newtown, Conn.





"As you can see to my right and left, these weren't just guns that weren't functioning anymore," Villaraigosa said at a news conference Thursday morning. "These were serious guns — semiautomatic weapons, guns that have no place on the streets of Los Angeles or any other city."


The mayor described the event as a success, but acknowledged that there were still many guns on the streets.


Hundreds lined up in cars to get Ralphs gift cards in exchange for different types of guns. Villaraigosa said the LAPD collected 901 handguns, 698 rifles, 363 shotguns and 75 assault weapons. The weapons will be melted down.


He said that nearly three-quarters of those turning in the weapons said in an informal survey that they felt safer with the weapons off the street.


"Perhaps the most honest testament to the success of yesterday's program can be seen in the 166 weapons that were surrendered for nothing," Villaraigosa said.


Police Chief Charlie Beck said it was the most successful gun buyback event since the city began the program.


"Those are weapons of war, weapons of death," Beck said, motioning to a selection of military-style weapons on a display table. "These are not hunting guns. These are not target guns. These are made to put high-velocity, extremely deadly, long-range rounds down-range as quickly as possible, and they have no place in our great city."


Beck acknowledged that the weapons would not be checked for connections to crimes before being melted down. He said the sheer number would make that difficult, and he does not want to deter people from turning in firearms.


Villaraigosa again Thursday called for a national assault weapons ban and for strengthening the California assault weapons law to close loopholes.


richard.winton@latimes.com





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John McAfee Tells World How He Fooled Cops and Escaped Belize



One of the reporters who snuck out of Belize with John McAfee earlier this month said the adventure was “dangerous, amazing, touching, and many other adjectives that I cannot remember right now.”


Turns out that the words that eluded him were “rainy” and “lucky.”


On the day after Christmas, McAfee posted a long blog post describing how he gave Belizean authorities the slip and snuck out of the country to avoid questioning (and in his estimation, wrongful prosecution) following the murder of his neighbor, Greg Faull.


“It’s visually interesting and it is mostly a happy story — in line with most Christmas stories,” he wrote.


The former software executive describes an operation that was heavy in advance planning and trickery. He says he planted a lookalike (“my double — a man I have known for over 30 years and who years ago and who years ago legally changed his name to John McAfee”) and had him picked up by authorities in the northern Belize-Mexico border, while he and a group of friends and reporters loaded up a truck and headed in the opposite direction, to a southern town called Punta Gorda. With the news that he’d been arrested broadcasting on a local news station, McAfee figured that checkpoint security would relax.


McAfee followed another friend who was driving one of his pickup trucks to avoid checkpoints on the highway. This was another decoy, McAfee said. “If they stopped the truck, I knew the checkpoint officers would be swarming all over it. Subsequent traffic would be likely to be waved through.”


But then, he also had a secret weapon: the weather. McAfee made sure that his dash happened on a rainy day. “In Belize, no checkpoint officers will ever stop a car in the rain,” he wrote.


He says he blew through all three highway checkpoints on that early December day without ever being stopped.


From Punta Gorda, he his 20-year-old girlfriend Samantha Vanegas and two Vice reporters sailed into Livingston, Guatemala.


A few days later, he was arrested in Guatemala, after the Vice reporters he was traveling with inadvertently disclosed his location. He was deported to Miami on December 12 and is now slowly driving west along back roads, his hair color changed, “staying at cut-rate motels and eating at Denny’s.”


He says he plans to tell his side of the story more completely — including, no doubt, a shot or two at his nemesis, the government of Belize — next Thursday. “People sometimes forget that I founded one of the largest computer security firms in the world, and I didn’t achieve that by not knowing how to access protected or secret information,” he wrote on Monday.


“I wear construction clothes one day, farmers clothes the next, and the next day dress like a traveling salesman,” he wrote on his blog. “I think my best friends would not recognize me.”


Or so he says.


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KOL’s Nathan Followill, Jessie Baylin welcome baby






NASHVILLE, Tenn. (AP) — The Kings of Leon family has just gotten bigger.


Drummer Nathan Followill and his wife, singer-songwriter Jessie Baylin, welcomed a baby girl on Wednesday. It’s the first baby for the couple and the third for the Followill family band. Nathan Followill’s brother Caleb and cousin Matthew also have children.






A spokesman says Violet Marlowe Followill was born at 4:01 p.m. in Nashville. She was 7 pounds, 13 ounces at birth.


The baby comes before what promises to be a busy 2013 for Kings of Leon. The Nashville, Tenn.-based band has been working on new music for an album that’s expected to be released next year. Baylin released her third album, “Little Spark,” earlier this year.


The couple has been married since 2009.


___


Online:


http://kingsofleon.com


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7-Eleven Stores Focus on Healthier Food Options





The chain that is home of the Slurpee, Big Gulp and self-serve nachos with chili and cheese is betting that consumers will stop in for yogurt parfaits, crudité and lean turkey on whole wheat bread.




7-Eleven, the convenience store chain, is restocking its shelves with an eye toward health. Over the last year, the retailer has introduced a line of fresh foods for the calorie conscious and trimmed down its more indulgent fare by creating portion-size items.


The change is as much about consumers’ expanding waistlines as the company’s bottom line. By 2015, the retailer aims to have 20 percent of sales come from fresh foods in its American and Canadian stores, up from about 10 percent currently, according to a company spokesman.


“We’re aspiring to be more of a food and beverage company, and that aligns with what the consumer now wants, which is more tasty, healthy, fresh food choices,” said Joseph M. DePinto, the chief executive of 7-Eleven, a subsidiary of the Japanese company, Seven & i Holdings.


Convenience stores have typically been among the most nimble of retailers. In the 1980s, they added Pac-Man arcade games as a way to keep customers in stores longer and to buy more merchandise. They installed A.T.M.’s a decade later, taking a slice of the transaction fees. More recently, they built refrigerated dairy cases, with milk, eggs, cheese and other staples.


But just as they have taken business from traditional supermarkets, convenience stores have faced increased competition from the likes of Dunkin’ Donuts and Starbucks, which offer a basic menu of fresh foods for consumers on the go.


At the same time, a major profit driver for convenience stores — cigarettes — has been in steady decline over the last decade as the rate of smoking has dropped in the United States.


Fresh foods can help offset some of those losses. The markup on such merchandise can be significant, bolstering a store’s overall profits. It’s also a fast-growing category.


“If you can figure out how to deliver consistent quality and the products consumers want, fresh food is attractive because margins are higher, and it addresses some of the competitive issues you’re facing,” said Richard Meyer, a longtime consultant for the convenience store industry. “But it’s not easy to do.”


7-Eleven has been selling fresh food since the late 1990s. But much of its innovation has been limited to the variety of hot dogs spinning on the roller grill or the breakfast sandwiches languishing beneath a heating lamp.


As 7-Eleven refocuses its lineup, the retail chain has assembled a team of culinary and food science experts to study industry trends and develop new products. Such groups have been around for a while at fast-food restaurants like McDonald’s and packaged-goods manufacturers like Kraft. But it’s a relatively new concept for players like 7-Eleven, which have typically relied on their suppliers to provide product innovation.


“We’re working to create a portfolio of fresh foods,” said Anne Readhimer, senior director of fresh food innovation, who joined the company in May from Yum Brands, where she had worked on the KFC and Pizza Hut brands. “Some will be for snacking, some for a quick meal, but we hope everything we offer our guests is convenient and tasty.”


One new menu item just hitting stores is a Bistro Snack Protein Pack, which includes mini pita rounds, cheddar cheese cubes, grapes, celery, baby carrots and hummus. The meal in a box, similar to one carried by Starbucks, is part of a broader menu with healthier items under 400 calories.


The company is also taking existing products and retooling them for single portions. For example, customers can now buy jelly doughnuts and tacos, in mini sizes.


“There are definitely customers who want healthy options, but there are also lots of customers who are excited about the new sandwich options that aren’t low calorie — and minidoughnuts are doing very well,” said Lori Primavera, senior manager of fresh food innovation at 7-Eleven, who previously worked for Food and Drink Resources, a consulting firm for restaurant companies.


Norman Jemal, a franchisee, said sales of the new products are growing steadily in the three 7-Eleven stores that he owns in Manhattan. “At first, people are surprised when they come in here and see a bag of carrots and celery,” Mr. Jemal said. “They say, ‘I came in here for a bag of chips — I can’t believe you have fruit cups or yogurt cups.’ ”


He said the Yoplait Parfait, a cup of vanilla yogurt topped with fresh strawberries or blueberries and granola, is his best-selling fresh food item, while the 7 Smart turkey sandwich is his top sandwich.


The fresh food in Mr. Jemal’s stores and other locations around the country are supplied from a system of 29 commissaries and bakeries that fulfill orders from 7-Eleven. They tailor menu items for specific markets. In the Miami area, they produce a hot Cuban sandwich with ham, cheese, pickles and mustard. The Turkey Gobbler with turkey, stuffing and cranberry sauce sells in Northeastern stores around the holidays.


Each store has a data system that allows it to see exactly what is selling, which helps manage waste. Stores can track consumers’ purchase habits over a month, and adjust their orders based on those behaviors.


“In this 28-day cycle, I know I sold 3,563 bananas to customers in this store,” said Todd Ferguson, who owns five 7-Eleven locations in Las Vegas.


Mr. Ferguson has owned 7-Eleven franchises since 1986, and he said the variety of fresh food options in the stores is far better than before. The category already accounts for 20 percent of his sales, and his goal is to reach a quarter of sales volume.


“We used to be a place for people to buy beer, wine, cigarettes, candy and chips, and people would occasionally ask where they could go to get something to eat,” Mr. Ferguson said. “We’re no longer getting that question because now you can get something to eat right here.”


This article has been revised to reflect the following correction:

Correction: December 27, 2012

An earlier version of this article incorrectly identified a 7-Eleven franchisee in Las Vegas. He is Todd Ferguson, not Tom Ferguson.



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Latest Netflix Disruption Highlights Challenges of Cloud Computing


For some on Christmas Eve, “White Christmas” was a blackout on Netflix.


That’s because problems with Amazon’s cloud computing service, which provides storage and computing power for all kinds of Web sites and services, caused Netflix to go down for much of the day.


In updates on a Web site that reports on the status of its online services, Amazon traced the trouble to Elastic Load Balancing, a part of its service that helps spread heavy traffic among multiple servers to prevent overload. The company gave few details about the problems in its data center in Northern Virginia beyond this.


Social networks filled with complaints. Some customers also complained that Amazon’s own streaming service, Amazon Prime, was down. Amazon said it had fixed the problem completely by the afternoon of Christmas Day, and Netflix said it had restored its services to most of the affected consumers by late Christmas Eve. But the episode highlighted how consumers are increasingly using “the cloud.”


As more everyday devices, appliances and even automobiles rely on services connected to the Internet, consumers expect those services to be available at all times. Yet all sorts of disruptions — harsh weather conditions or an apparent overload — can knock a service out for hours.


In October, problems with the same Amazon data center in Virginia took down Reddit, Foursquare and Heroku. The instance was explained on the status Web site as “degraded performance” in some parts of Amazon’s storage service. In June, a lightning storm hit the Virginia data center, taking Netflix as well as Pinterest, Instagram and other sites off line for hours. That time, too, customers were offered little insight into what had happened.


In April 2011, an Amazon failure took down many smaller sites that had rented cloud storage space from the Internet giant. That time, the companies that were most affected were start-ups that were less likely to pay for so-called redundancies, or backup systems that kick in when a service fails. Netflix was not affected then, and said at the time it was because it had taken advantage of the redundancies that Amazon offers.


Netflix has said that it has built several redundancies into its cloud-based system. For instance, it stores its data across multiple “zones,” so if there is a failure in one zone, it can retry in another. It says it also spends money on more capacity than it needs, so that if there are large spikes in customer activity, the service is less likely to go down.


Joris Evers, a Netflix spokesman, declined to elaborate on why Netflix went down despite these safeguards. He said the company was investigating the cause and would do what it could to prevent the interruption from recurring.


“We are happy that people opening gifts of Netflix or Netflix-capable devices on Christmas morning could watch TV shows and movies and apologize for any inconvenience caused Christmas Eve,” Mr. Evers said.


Tera Randall, an Amazon spokeswoman, said the company has been “heads down” to ensure services are running smoothly and that a full summary of the incident would be published in a few days.


Amazon is one of the biggest players in online services, hosting data storage and computation for hundreds of companies, including Netflix, Instagram and Pinterest. Once a sideline Amazon set up six years ago, the cloud service has since exploded into a business that is expected to bring in about $1 billion to the company this year.


Other companies offer similar services, notably Google, which introduced its competitor in June. Microsoft is also in the business with Windows Azure.


Although the service disruptions may annoy some companies and their customers, it’s unlikely many businesses will end their partnerships with Amazon in light of this latest Netflix failure, said James McQuivey, an analyst for Forrester Research. He added that it was unlikely that a temporary service failure for Netflix was going to cause many to cancel subscriptions.


He said companies can pay extra to Amazon to add safeguards that increase reliability of their online services, but they typically choose to save costs and take the risk of their services going down temporarily. He said that Amazon has been especially popular among businesses because it has been gradually improving its services and lowering its costs.


Businesses, “of course, are going to say, ‘Gee, Amazon, what’s going on?’ ” Mr. McQuivey said. “But in reality they’re all getting such a great deal. I don’t see them getting that upset about it.”


For consumers, though, it may be a different matter. On Christmas Eve, Merrilee and Alex Barton were watching an episode of “It’s Always Sunny in Philadelphia” when their Netflix feed started to stammer and finally froze, then began to buffer excessively. “It would try to load and get to about 2 to 7 percent of the way through and then just hang there for five minutes,” Mrs. Barton said.


Eventually the two said they gave up and — with nothing else going on in Farmingdale, N.Y. — decided to “nerd it up.” They played a few games of Minecraft, a video game in which the players can build whatever they wish. In the game, all the technology worked.


This article has been revised to reflect the following correction:

Correction: December 28, 2012

An article on Thursday about problems with Amazon’s cloud computing service referred incorrectly at one point to the company’s public comments on the issue. As the article correctly noted elsewhere, Tera Randall, an Amazon spokeswoman, said that the company was working to ensure services were running smoothly and that Amazon would publish a full summary within a few days. It is not the case that Amazon “did not offer an official statement or explanation.” The article also misstated the month that problems at an Amazon data center in Virginia took down Reddit, Foursquare and Heroku. That occurred in October, not last month.



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Toyota to pay big to settle suits









Toyota Motor Corp., moving to put years of legal problems behind it, has agreed to pay more than $1 billion to settle dozens of lawsuits relating to sudden acceleration.


The proposed deal, filed Wednesday in federal court, would be among the largest ever paid out by an automaker. It applies to numerous suits claiming economic damages caused by safety defects in the automaker's vehicles, but does not cover dozens of personal injury and wrongful-death suits that are still pending around the nation.


The suits were filed over the last three years by Toyota and Lexus owners who claimed that the value of their vehicles had been hurt by the potential for defects, including floor mats that could cause the vehicles to surge out of control.





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In addition, Toyota said it is close to settling suits filed by the Orange County district attorney and a coalition of state attorneys general who had accused the automaker of deceptive business practices. The costs of those agreements would be included in a $1.1-billion charge the Japanese automaker said it will take against earnings to cover the actions.


"We concluded that turning the page on this legacy legal issue through the positive steps we are taking is in the best interests of the company, our employees, our dealers and, most of all, our customers," Christopher Reynolds, Toyota's chief counsel in the U.S., said in a statement.


Toyota's lengthy history of sudden acceleration was the subject of a series of Los Angeles Times articles in 2009, after a horrific crash outside San Diego that took the life of an off-duty California Highway Patrol officer and his family.


Under terms of the agreement, which has not yet been approved in court, Toyota would install brake override systems in numerous models and provide cash payments from a $250-million fund to owners whose vehicles cannot be modified to incorporate that safety measure.


In addition, the automaker plans to offer extended repair coverage on throttle systems in 16 million vehicles and offer cash payments from a separate $250-million fund to Toyota and Lexus owners who sold their vehicles or turned them in at the end of a lease in 2009 or 2010. The total value of the settlement could reach $1.4 billion, according to Steve Berman, the lead plaintiff attorney in the case.


The lawsuits, filed over the last several years, had been seeking class certification.


News of the agreement comes scarcely a week after Toyota agreed to pay a record $17.35-million fine to the National Highway Traffic Safety Administration for failing to report a potential floor mat defect in a Lexus SUV. Those come on top of almost $50 million in fines paid by Toyota for other violations related to sudden acceleration since 2010.


The massive settlement does not, however, put Toyota's legal woes to rest. The automaker still faces numerous injury and wrongful death claims around the country, including a group of cases that have been consolidated in federal court in Santa Ana, and other cases awaiting trial in Los Angeles County.


The first of the federal cases, involving a Utah man who was killed in a Camry that slammed into a wall in 2010, is slated for trial in mid-February.


The California cases are set to begin in April, among them a suit involving a 66-year-old Upland woman who was killed after her vehicle allegedly reached 100 miles per hour and slammed into a tree.


Edgar Heiskell III, a West Virginia attorney who has a dozen pending suits against Toyota, said he is preparing to go to trial this summer in a case that involved a Flint, Mich., woman who was killed when her 2005 Camry suddenly accelerated near her home.


"We are proceeding with absolute confidence that we can get our cases heard on the merits and that we expect to prove defects in Toyota's electronic control system," he said.


Toyota spokesman Mike Michels said the settlement would have no bearing on the personal injury cases.


"All carmakers face these kinds of suits," he said. "We'll defend those as we normally would."


The giant automaker's sudden acceleration problems first gained widespread attention after the August 2009 crash of a Lexus ES outside San Diego.


That accident set off a string of recalls, an unprecedented decision to temporarily stop sales of all Toyota vehicles and a string of investigations, including a highly unusual apology by Toyota President Akio Toyoda before a congressional committee. Eventually Toyota recalled more than 10 million vehicles worldwide and has since spent huge sums — estimated at more than $2 billion, not including Wednesday's proposed settlement — to repair both its automobiles and public image.





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