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.





ROAD TO RECALL: Read The Times' award winning coverage


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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Patrick Dempsey brews up coffee shop purchase


LOS ANGELES (AP) — Patrick Dempsey says he wants to rescue a coffee house chain and more than 500 jobs.


The "Grey's Anatomy" star said Wednesday he's leading a group attempting to buy Tully's Coffee. The Seattle-based company filed for Chapter 11 bankruptcy protection in October.


Dempsey said he's excited about the chance to help hundreds of workers and give back to Seattle.


The actor has a strong TV tie to the city: He plays Dr. Derek Shepherd on "Grey's Anatomy," the ABC drama set at fictional Seattle Grace Hospital.


Tully's has 47 company-run stores in Washington and California, as well as five franchised stores and 58 licensed locations in the U.S.


Any sale would have to be approved by a judge. A bankruptcy court hearing is set for Jan. 11 in Seattle.


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Elwood V. Jensen, Pioneer in Breast Cancer Treatment, Dies at 92





Elwood V. Jensen, a medical researcher whose studies of steroid hormones led to new treatments for breast cancer that have been credited with saving or extending hundreds of thousands of lives, died on Dec. 16 in Cincinnati. He was 92.




The cause was complications of pneumonia, his son, Thomas Jensen, said.


In 2004 Dr. Jensen received the Albert Lasker Basic Medical Research Award, one of the most respected science prizes in the world.


When Dr. Jensen started his research at the University of Chicago in the 1950s, steroid hormones, which alter the functioning of cells, were thought to interact with cells through a series of chemical reactions involving enzymes.


However, Dr. Jensen used radioactive tracers to show that steroid hormones actually affect cells by binding to a specific receptor protein inside them. He first focused on the steroid hormone estrogen.


By 1968, Dr. Jensen had developed a test for the presence of estrogen receptors in breast cancer cells. He later concluded that such receptors were present in about a third of those cells.


Breast cancers that are estrogen positive, meaning they have receptors for the hormone, can be treated with medications like Tamoxifen or with other methods of inhibiting estrogen in a patient’s system, like removal of the ovaries. Women with receptor-rich breast cancers often go into remission when estrogen is blocked or removed.


By the mid-1980s, a test developed by Dr. Jensen and a colleague at the University of Chicago, Dr. Geoffrey Greene, could be used to determine the extent of estrogen receptors in breast and other cancers. That test became a standard part of care for breast cancer patients.


Scientists like Dr. Pierre Chambon and Dr. Ronald M. Evans, who shared the 2004 Lasker prize with Dr. Jensen, went on to show that many types of receptors exist. The receptors are crucial components of the cell’s control system and transmit signals in an array of vital functions, from the development of organs in the womb to the control of fat cells and the regulation of cholesterol.


Dr. Jensen’s work also led to the development of drugs that can enhance or inhibit the effects of hormones. Such drugs are used to treat prostate and other cancers.


Elwood Vernon Jensen was born in Fargo, N.D., on Jan. 13, 1920, to Eli and Vera Morris Jensen. He majored in chemistry at what was then Wittenberg College in Springfield, Ohio, and had begun graduate training in organic chemistry at the University of Chicago when World War II began.


Dr. Jensen wanted to join the Army Air Forces, but his poor vision kept him from becoming a pilot. During the war he synthesized poison gases at the University of Chicago, exposure to which twice put him in the hospital. His work on toxic chemicals, he said, inspired him to pursue biology and medicine.


Dr. Jensen studied steroid hormone chemistry at the Swiss Federal Institute of Technology on a Guggenheim Fellowship after the war. While there, he climbed the Matterhorn, one of the highest peaks in the Alps, even though he had no mountaineering experience. He often equated his successful research to the novel approach taken by Edward Whymper, the first mountaineer to reach the Matterhorn’s summit. Mr. Whymper went against conventional wisdom and scaled the mountain’s Swiss face, after twice failing to reach the summit on the Italian side.


Dr. Jensen joined the University of Chicago as an assistant professor of surgery in 1947, working closely with the Nobel laureate Charles Huggins. He became an original member of the research team at the Ben May Laboratory for Cancer Research (now the Ben May Department for Cancer Research) in 1951, and became the director after Dr. Huggins stepped down.


He came to work at the University of Cincinnati in 2002, and continued to do research there until last year.


His first wife, the former Mary Collette, died in 1982. In addition to his son, Dr. Jensen is survived by his second wife, the former Hiltrud Herborg; a daughter, Karen C. Jensen; a sister, Margaret Brennan; two grandchildren; and three great-grandchildren.


Dr. Jensen’s wife was found to have breast cancer in 2005. She had the tumor removed, he said in an interview, but tested positive for the estrogen receptor and was successfully treated with a medication that prevents estrogen synthesis.


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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.





ROAD TO RECALL: Read The Times' award winning coverage


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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Lakers snap Christmas Day streak with win over Knicks









Lakers 100, Knicks 94 (final)

The Lakers closed out the New York Knicks on Christmas Day to win their fifth in a row, avenging a Dec. 13 loss in New York, the low point of the season during a four-game losing streak. 

The Lakers haven't dropped a game since.

With the Lakers up by three points, Pau Gasol found a lane to the basket from the high post and flushed down a dunk to seal the victory with 11.6 seconds left.  Steve Nash, in his second game back from a leg injury, scored 16 points and dished 11 assists.

The Lakers shot 48.1% from the field but it was their defense that was instrumental in the victory, holding New York to only 16 points in the fourth quarter.

The Knicks shot 42.7% from the field despite 34 from Carmelo Anthony (13-23 shooting), who exploded in the third quarter to give the Knicks a nine-point lead.  The Lakers never led by more than five points.

Kobe Bryant also scored 34 points on 14-for-24 shooting.  Metta World Peace fouled out after scoring 20.  For the second consecutive game, Pau Gasol had six assists.

Knicks center Tyson Chandler also fouled out, finishing with six points and nine rebounds.  J.R. Smith helped carry the offensive load for New York with 25 points.

The Lakers will play on Wednesday night against the Nuggets in Denver.

Knicks 78, Lakers 77 (end of third quarter)

The Lakers survived a 17-point quarter from Carmelo Anthony to close to within one point after three quarters.

Falling behind by as many as nine points after halftime, the Lakers had a chance to go up by a point but Kobe Bryant missed a pair of free throws with 2.6 seconds left in the quarter.

Anthony climbed to 27 points for the game on 11-for-20 shooting while his Knicks shot 43.8% through three.  J.R. Smith contributed 20 points off the bench.

The Lakers were led by Bryant's 26 points on 11-for-18 shooting, while getting 18 points from Metta World Peace and 14 from Steve Nash.

Some of New York's lead was earned from behind the three-point line with eight makes in 22 tries.  The Lakers shot 48.3% from the field but only five of 18 (27.8%) from three-point range.

World Peace started the second half in place of Darius Morris but Anthony had the hot hand.

Lakers 51, Knicks 49 (halftime)

For the second consecutive quarter, the Lakers closed well against the Knicks. After New York's reserves had helped push the Knicks to a six-point advantage, the Lakers rallied to take a two-point lead at halftime.

Carmelo Anthony and Metta World Peace battled through a very physical period, challenging each other in the post. Anthony finished the half with 10 points while World Peace had a game-high 16 points after coming off the Lakers' bench.

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Jessica Simpson’s Christmas tweet seems to confirm pregnancy rumor






(Reuters) – U.S. actress, singer and fashion designer Jessica Simpson sent a Christmas Twitter message that apparently confirms media rumors that she is pregnant – showing a photo of her daughter Maxwell with the words “Big Sis” spelled out in sand.


The picture’s caption reads “Merry Christmas from my family to yours.”






Simpson had her first child, Maxwell Drew Johnson, in May. She has since become a spokeswoman for Weight Watchers.


A representative for Simpson was not immediately available for comment.


Simpson rose to fame as a teen pop star and became a household name after starring in a TV reality show with her then-husband Nick Lachey, a member of the boy band 98 Degrees. The pair divorced after three years of marriage.


She went on to star in the 2005 film version of “The Dukes of Hazzard” and re-invented herself as a country singer in 2008. She currently designs apparel, accessories and other fashion products and is a mentor on the TV contest “Fashion Star.”


Simpson’s fiancĂ©, Eric Johnson, is a former U.S. professional football player whose career spanned seven seasons for both the San Francisco 49ers and New Orleans Saints. (Reporting By Mary Wisniewski and Paul Simao)


Social Media News Headlines – Yahoo! News





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Jessica Simpson's Christmas gift: She's pregnant


NEW YORK (AP) — Jessica Simpson's daughter has the news all spelled out: "Big Sis."


Simpson on Tuesday tweeted a photo of her baby daughter Maxwell playing in the sand, the words "Big Sis" spelled out.


The 32-year-old old singer and personality has been rumored to be expecting again. The tweet appears to confirm the rumors.


"Merry Christmas from my family to yours" is the picture's caption. Simpson used a tweet on Halloween in 2011 to announce she was pregnant with Maxwell. She is engaged to Eric Johnson and gave birth to Maxwell in May.


One possible complication regarding her pregnancy: She is a spokeswoman for Weight Watchers.


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Op-Ed Contributor: Our Failed Approach to Schizophrenia



TOO many pendulums have swung in the wrong directions in the United States. I am not referring only to the bizarre all-or-nothing rhetoric around gun control, but to the swing in mental health care over the past 50 years: too little institutionalizing of teenagers and young adults (particularly men, generally more prone to violence) who have had a recent onset of schizophrenia; too little education about the public health impact of untreated mental illness; too few psychiatrists to talk about and treat severe mental disorders — even though the medications available in the past 15 to 20 years can be remarkably effective.


Instead we have too much concern about privacy, labeling and stereotyping, about the civil liberties of people who have horrifically distorted thinking. In our concern for the rights of people with mental illness, we have come to neglect the rights of ordinary Americans to be safe from the fear of being shot — at home and at schools, in movie theaters, houses of worship and shopping malls.


“Psychosis” — a loss of touch with reality — is an umbrella term, not unlike “fever.” As with fevers, there are many causes, from drugs and alcohol to head injuries and dementias. The most common source of severe psychosis in young adults is schizophrenia, a badly named disorder that, in the original Greek, means “split mind.” In fact, schizophrenia has nothing to do with multiple personality, a disorder that is usually caused by major repeated traumas in childhood. Schizophrenia is a physiological disorder caused by changes in the prefrontal cortex, an area of the brain that is essential for language, abstract thinking and appropriate social behavior. This highly evolved brain area is weakened by stress, as often occurs in adolescence.


Psychiatrists and neurobiologists have observed biochemical changes and alterations in brain connections in patients with schizophrenia. For example, miscommunications between the prefrontal cortex and the language area in the temporal cortex may result in auditory hallucinations, as well as disorganized thoughts. When the voices become commands, all bets are off. The commands might insist, for example, that a person jump out of a window, even if he has no intention of dying, or grab a set of guns and kill people, without any sense that he is wreaking havoc. Additional symptoms include other distorted thinking, like the notion that something — even a spaceship, or a comic book character — is controlling one’s thoughts and actions.


Schizophrenia generally rears its head between the ages of 15 and 24, with a slightly later age for females. Early signs may include being a quirky loner — often mistaken for Asperger’s syndrome — but acute signs and symptoms do not appear until adolescence or young adulthood.


People with schizophrenia are unaware of how strange their thinking is and do not seek out treatment. At Virginia Tech, where Seung-Hui Cho killed 32 people in a rampage shooting in 2007, professors knew something was terribly wrong, but he was not hospitalized for long enough to get well. The parents and community-college classmates of Jared L. Loughner, who killed 6 people and shot and injured 13 others (including a member of Congress) in 2011, did not know where to turn. We may never know with certainty what demons tormented Adam Lanza, who slaughtered 26 people at an elementary school in Newtown, Conn., on Dec. 14, though his acts strongly suggest undiagnosed schizophrenia.


I write this despite the so-called Goldwater Rule, an ethical standard the American Psychiatric Association adopted in the 1970s that directs psychiatrists not to comment on someone’s mental state if they have not examined him and gotten permission to discuss his case. It has had a chilling effect. After mass murders, our airwaves are filled with unfounded speculations about video games, our culture of hedonism and our loss of religious faith, while psychiatrists, the ones who know the most about severe mental illness, are largely marginalized.


Severely ill people like Mr. Lanza fall through the cracks, in part because school counselors are more familiar with anxiety and depression than with psychosis. Hospitalizations for acute onset of schizophrenia have been shortened to the point of absurdity. Insurance companies and families try to get patients out of hospitals as quickly as possible because of the prohibitively high cost of care.


As documented by writers like the law professor Elyn R. Saks, author of the memoir “The Center Cannot Hold: My Journey Through Madness,” medication and treatment work. The vast majority of people with schizophrenia, treated or untreated, are not violent, though they are more likely than others to commit violent crimes. When treated with medication after a rampage, many perpetrators who have shown signs of schizophrenia — including John Lennon’s killer and Ronald Reagan’s would-be assassin — have recognized the heinousness of their actions and expressed deep remorse.


It takes a village to stop a rampage. We need reasonable controls on semiautomatic weapons; criminal penalties for those who sell weapons to people with clear signs of psychosis; greater insurance coverage and capacity at private and public hospitals for lengthier care for patients with schizophrenia; intense public education about how to deal with schizophrenia; greater willingness to seek involuntary commitment of those who pose a threat to themselves or others; and greater incentives for psychiatrists (and other mental health professionals) to treat the disorder, rather than less dangerous conditions.


Too many people with acute schizophrenia have gone untreated. There have been too many Glocks, too many kids and adults cut down in their prime. Enough already.


Paul Steinberg is a psychiatrist in private practice.



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How will going off the 'fiscal cliff' affect the U.S.?









You've heard the predictions for what happens if the country goes over the "fiscal cliff": The economy will shrink, nervous consumers will stop spending, and the stock market will plunge.


But those doomsday predictions are overblown, some professional investors say.


Even if Congress and the White House can't reach a deal, the higher taxes and lower government spending that would follow would kick in only gradually. A recession is not guaranteed.








What's much more important to the stock market, the experts say, are economic fundamentals.


"History has shown that the economy is going to do what the economy is going to do," said Scott Carmack, co-portfolio manager at Leader Capital in Portland, Ore. "And politics don't create some sort of disaster."


Regardless of what happens, the "fiscal cliff" — sweeping tax increases and government spending cuts set to take effect Jan. 1 — is going to dominate the headlines and the market for the next week.


What's going to happen in the stock market between now and the budget deadline of Dec. 31?


The market hates uncertainty. If there's no deal, expect stocks to fall.


"We always knew we were going to get some volatility here," Carmack said. "Depending on leaders in Washington to come to some kind of agreement is like pulling teeth."


Besides, there are other incentives for people to pull money out of the market. Some professional investors are selling to lock in gains for the year. Others are selling because investments could be taxed at higher rates next year.


"It's been a pretty good year in the market," said Peter Tuz, co-manager of the Chase Growth and Chase Mid Cap Growth mutual funds in Charlottesville, Va. The Standard & Poor's 500 index is up more than 13% in 2012.


"People might look at that uncertainty and say, 'I'm happy with that, and now I'll take some money aside, and sell,'" he said.


What about after Jan. 1?


Deal or no deal, many investors don't expect the effects of the fiscal impasse to linger in the stock market for too long.


One big reason is that everyone has seen it coming for months.


"We're not overly concerned," said David Hefty, chief executive of Hefty Wealth Partners in Auburn, Ind. "The thing to keep in mind is that what hurts investors, what hurts the market, are things that are unexpected."


He added: "Everybody has 2008 burned into their minds. They think the 'fiscal cliff' will be the next 2008 event. A 2008 event is when nobody sees it coming, and everyone is blindsided. Nobody's going to be blindsided by this."


Hefty said he'd watch whether the Federal Reserve continues its policy of pumping money into the economy, and fundamentals such as housing and unemployment, to decide how to invest in 2013.


"We're looking at two key things that matter the most," he said. "The 'fiscal cliff' isn't one of them."


Donald Quigley, co-manager of the Artio Total Return Bond mutual fund, is more wary of the political effects than the economic effects. If Republicans and Democrats can't reach a compromise, he said, the world could take that as a sign that the United States government is dysfunctional.





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Jack Klugman dies at 90; star of TV's 'The Odd Couple,' 'Quincy'








Jack Klugman, the three-time Emmy Award-winning actor best known for his portrayals of slovenly sportswriter Oscar Madison on TV's “The Odd Couple” and the title role of the murder-solving medical examiner on “Quincy, M.E.,” died Monday at his home in Woodland Hills. He was 90.

Klugman had been in declining health for the last year, his son Adam said.

He had withdrawn from a production of “Twelve Angry Men” at the George Street Playhouse in New Brunswick, N.J., in Marchfor undisclosed health reasons. He had undergone successful surgery for cancer of the larynx in 1989.


PHOTOS: 2012 notable deaths


Klugman was the last surviving member of the cast that played the jury in “12 Angry Men,” the classic 1957 movie drama about deliberations in a first-degree murder trial. He was also a veteran of live TV dramatic anthology series in the 1950s and appeared in several episodes of “Twilight Zone.”

On Broadway, Klugman played Ethel Merman's boyfriend, Herbie, in the hit musical “Gypsy,” which earned him a 1960 Tony Award nomination. He won his first Emmy in 1964 for a guest appearance on “The Defenders.”

In 1965, he was back on Broadway, replacing Walter Matthau as Oscar Madison in the original production of “The Odd Couple,” Neil Simon's classic comedy about two friends with polar-opposite personalities who become roommates — one is divorced and the other just broke up with his wife.

PHOTOS: Jack Klugman -- 1922 - 2012


But that's not why Klugman landed the role of the casually sloppy Oscar Madison in the TV version of “The Odd Couple” opposite Tony Randall's fussy neat-freak Felix Unger.

Randall, who had appeared in a production of “The Odd Couple” with Mickey Rooney, had wanted Rooney to play Oscar in the TV series. But executive producer Garry Marshall fought for Klugman.

In his 2005 book “Tony and Me: A Story of Friendship,” Klugman wrote that during the first rehearsals for the TV series, Marshall told him he'd never seen him play Oscar on Broadway.

“What!” said Klugman. “Then why did you fight for me?”

“I saw you in ‘Gypsy,’ “ said Marshall. “You did a scene with Ethel Merman and I was impressed because as she was singing to you, she was spitting a lot and it was getting on your clothes and your face and in your eyes. You never even flinched. I said to myself, ‘Now that's a good actor.’ “

Although “The Odd Couple” was not a hit when it aired on ABC from 1970 to 1975, it has had a long life in syndication and forever cemented the reputation of its two stars as one of TV's great comedy teams.

In TV Guide's 1999 listing of “TV's Fifty Greatest Characters Ever,” Felix and Oscar ranked No. 12.

“Many acting tandems have played Neil Simon's testosterone-and-teacup duo over the years on stage and screen,” the magazine observed. “But Tony Randall and Jack Klugman are the Felix and Oscar we love most. For five unflaggingly creative seasons, they were the most evenly matched ‘Odd Couple' imaginable.”

Although Randall claimed he was “very little like” Felix, Klugman said in a 1996 interview with The Times, that he was “pretty close” to Oscar.

In fact, when members of the wardrobe department initially sought to outfit the unkempt Oscar, they looked no further than Klugman himself.

“They paid me $360 for everything in my closet, and I still made a profit on the deal,” he told Sports Illustrated in 2005.

As Oscar, Klugman won Emmys in 1971 and 1973 for outstanding continued performance by an actor in a leading role in a comedy series.

After “The Odd Couple” ended its run in 1975, Klugman said the last thing on his mind was doing another TV series.

Having “spent five years in the best situation comedy ever devised” and having worked with Randall, “the nicest guy in this business,” Klugman said, he turned down one pilot series script after another, particularly those for sitcoms.

But when he received the script for “Quincy, M.E.,” he said, he saw “potential in it — the gimmick of a doctor who solves crime for the police by medical and scientific deduction. It was not just another cop show.”

And with “Quincy, M.E.” which ran on NBC from 1976 to 1983 and earned Klugman four Emmy nominations, he saw a way to raise issues such as incest, child abuse, drunk driving and elderly abuse.

“I'm a muckraker,” he told the Chicago Tribune in 1993. “I saw the possibilities in ‘Quincy': We could entertain with what was essentially a good murder mystery but also do important shows on important subjects. This was why I got into the business.”

One of six children, Klugman was born in Philadelphia on April 27, 1922. His father, a financially struggling house painter, died when Klugman was 12. A year later, after a stint selling newspapers, Klugman began taking horse bets to earn extra money.

“The dealer said, ‘These guys will give you slips of paper. Just put them in the tin,'“ he recalled in a 1971 interview with The Times. “Then I was taking bets on the phone.”

A lifelong track aficionado, Klugman later owned a horse farm in Temecula, and his racehorse, Jaklin Klugman, finished third in the 1980 Kentucky Derby.

Back home in 1945 after serving in the Army during World War II, Klugman lost the $3,000 he had saved in U.S. savings bonds by betting on baseball games. Worse, he owed $500 to a loan shark and faced serious bodily injury unless he made a payment within three days.

Unable to come up with the cash, Klugman skipped town and moved to Pittsburgh, where he was accepted into the drama department of what is now Carnegie Mellon University. A few years later he moved to New York, where he landed parts in off-Broadway and summer stock.

He appeared in films such as “Days of Wine and Roses” and “Goodbye, Columbus,” and also starred in two short-lived situation comedies: “Harris Against the World” and “You Again?”

In 1989, Klugman, a heavy smoker, underwent surgery for cancer of the larynx in which the center of his right vocal cord was removed. Afterward, the actor famous for his raspy growl initially was unable to speak above a whisper.

After going public with his story a year-and-a-half later, he worked with voice specialist Gary Catona who put Klugman on a regimen of daily vocal exercises to strengthen his left vocal cord so that it could stretch to touch what was left of his right vocal cord and produce a sound.

His old friend Randall also played a key role in his return to acting in 1991.

After beginning his vocal exercises, Randall called Klugman to suggest that they do a one-night benefit performance of “The Odd Couple” on Broadway for Randall's new National Actors Theatre.

“I said to Tony, ‘I can't even talk. I don't know how I can do it,' “ Klugman recalled in a 1993 interview with the Chicago Tribune.

But, as he wrote in his memoir, after six months of working on his voice “like Rocky worked on his body,” the whisper “became a sound, and in time, the sound became a little voice. But was it enough to perform on Broadway?”

Nervous about facing an audience and hating the way he sounded, Klugman, who wore a small microphone on stage, was encouraged after getting his first laugh.

At the end of the performance, he took his bow to a standing ovation.

“After that, I knew I was back,” he said.

Klugman married actress and comedienne Brett Somers in 1953. They had been separated for many years when she died in 2007.

In addition to son Adam, he is survived by his wife, Peggy; son David; and two grandchildren.

Funeral arrangements are pending.

McClellan is a former staff writer.

news.obits@latimes.com






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