Danger, Mark Robinson, Danger

What does your Prius's computer know and when did it know it? According to Mark P. Robinson, Jr., famed auto liability litigator, that's the key to his upcoming case against Toyota, the world's biggest automaker. Even more succinctly, in a video Robinson presented to a breakfast audience at the Pacific Club in Newport Beach today, super-wonk Apple co-founder Steve Wozniak told us, "It's the software!"

Graciously, he didn't add "stupid," as James Car-ville might have. I guess I'm the only driver in America who thought there was still a Rube Goldberg-like relationship between my accelerator and engine. I assumed that I press the pedal, it resists, a complicated series of pulleys and levers is activated, and more gasoline is fed into the carburetor.

But of course I'm just toe-punching a signal to a computer. During the Q&A, another breakfast guest said that automakers are on the verge of disconnecting the mechanics of the steering system. Think about that for a second. It's weird. And who needs power steering when the steering wheel's a joystick? We'd better get a discount there.

It helps you appreciate why you want someone really smart writing the code, which is Robinson's point. A legend in legal circles for helping hold Ford liable for Pintos' exploding gas tanks in the 1970s, he and his colleagues are representing the plaintiffs who have sued Toyota because of injuries allegedly suffered as the result of "sudden unintended acceleration." As an instance of multi-district litigation, all the cases are being lumped together for trial before a federal judge in Orange County. Among those hearing Robinson's preview were two judges, Andrew J. Guilford of the U.S. District Court and William F. Rylaarsdam of the state Court of Appeals. I was the guest of Andy's and my St. John's friends, Bob and Ann Mosier.

"Now I'm going to tell you something you didn't know," Robinson said impishly during his half-hour talk. The basis of his case, at least so far, is that the problem isn't with Toyota's floor mats or accelerator pedals, as publicity about the company's recalls has led us to believe. He said the cars that malfunctioned didn't have brake override safety systems, an additional bit of computer code that gives the brakes permission to say "who's your daddy?" to the gas. That way, unintended acceleration notwithstanding, slamming on the breaks instantly solves the problem.

Robinson said that some Toyota, GM, and Chrysler cars have it. As recent ads by Toyota's arch competitor make clear, Nissan has had it in all its cars since 2004. Veedubs have had it for ten years (way to go, Valerie and Mark!).

Robinson stresses that he's just getting started in the case and looks forward to hearing Toyota's side of the story. Indeed careful preparation is said to be his hallmark. But once his tank is full, legal experts say he disconnects his brake override safety system and pretty much punches it.