Toyota is not liable for the death in 2001 of a 16-year-old Texas girl in a rollover accident in western Colorado, a Denver jury found Wednesday.
Katherine Kurylowicz died June 15, 2001, when the Toyota 4Runner in which she was the front passenger flipped and rolled five times on Interstate 70.
Paige Maurer, 12, also was killed in the accident. Both girls were thrown from the vehicle. Two other passengers survived. They had been traveling to Lake Powell, Utah, for a vacation.
Kurylowicz’s parents sued Toyota in 2003, claiming that the 1997 4Runner had a high propensity to roll and a defective seat belt that failed to keep the girl in her seat during the roll.
Toyota blamed the accident on driver error and Kurylo wicz’s failure to wear her belt properly.
Lawyers for the company said Maurer’s mother, Joseline, strayed onto the left shoulder, then steered sharply to the right and held the wheel without steering back to the left, causing the vehicle to roll.
They also said Kurylowicz had her seat reclined and her seat belt tucked behind her back, claims the family’s attorneys said were unsupported by evidence.
Kurylowicz’s parents, Jon and Mary Kurylowicz of Pflugerville, Texas, attended the three-week trial and said Wednesday they will appeal.
“The jury didn’t get to see everything. They did what they could with what they had,” Mary Kurylowicz said.
The Kurylowiczes sued Joseline Maurer and settled for an undisclosed amount, according to court documents.
Staff writer Greg Griffin can be reached at 303-820-1241 or ggriffin@denverpost.com.
