Filed under: Government/Legal, Recalls, Safety, Toyota
Toyota is going to be back in the spotlight, as the first of its unintended acceleration lawsuits is headed for trial. This case covers a Los Angeles sushi shop owner, Noriko Uno. According to the what the family told The Detroit News, Uno only put about 10,000 miles on her 2006 Toyota Camry in four years. Uno was apparently afraid of high speeds, avoiding the freeway and taking a route home along LA’s surface streets to avoid them.
On August 28, 2009, Uno’s Camry suddenly accelerated to 100 miles per hour, eventually striking a telephone poll and a tree and killing her. The family contends that Uno attempted to step on the brakes and pull the emergency brake, neither of which brought her speed under control, while Toyota maintains that improperly installed floormats and driver error have been behind the majority of the 80 cases expected to be heard in court.
In Uno’s case, The Detroit News is expecting the trial to focus on the lack of an override if the gas and brake pedals were pressed at the same time. Brake overrides were installed on Toyota’s European fleet. The Uno family attorney will need to prove to the jury that it wasn’t driver error that killed Noriko Uno.
Uno’s case will be a bellwether case, which other state courts will use to predict potential outcomes for similar lawsuits. Toyota is also combating suits in federal court as well, although in most cases both sides have chosen to settle. The federal suit argues that the Camry and other models had defective electronic throttle control systems, despite denials from Toyota and investigations from National Highway Traffic Safety Administration and NASA coming up empty.
First Toyota unintended acceleration case headed for trial originally appeared on Autoblog on Mon, 22 Jul 2013 11:01:00 EST. Please see our terms for use of feeds.
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Plaintiffs in the unintended acceleration class action case against Toyota are striking back against the findings laid out by NASA. It was the National Aeronautics and Space Administration that produced research showing electronics were not to blame for any sudden acceleration-related issues.
Last week, U.S. District Judge James Selna announced that he would not dismiss a bevy of lawsuits against Toyota that claim the company’s rash of unintended acceleration complaints have caused vehicle values to fall. The company’s attorneys had attempted to argue that around 24 of the suits should be thrown out on the basis that the plaintiffs hadn’t suffered any financial loss and that owners hadn’t spent money in an effort to fix whatever ailment befell their vehicle. Meanwhile, lawyers on the other side of the aisle argue contend that owners who didn’t suffer through an unintended acceleration event still have a case against the Japanese automaker.
Toyota has asked a United States judge to throw out the majority of its pending lawsuits on the grounds that the cases are based on anecdotal and circumstantial information. The automaker is currently facing over 300 lawsuits that vary from personal injury to economic loss, nearly all of which are tied in one way or another to the company’s rash of unintended acceleration issues. To date this year, Toyota has recalled eight million vehicles globally for varying reasons, including accelerator pedals that could become entrapped. 
A new report from the The Wall Street Journal claims that the Department of Transportation is blocking the release of National Highway Transportation Safety Administration findings on the Toyota unintended acceleration issues. According to the article, NHTSA has compiled all the relevant information and written a report on its findings, but George Pearson, the former head of the agency’s recall division, says that he was told that the Transportation Department doesn’t want the information released. Why? Pearson didn’t say, but the Journal seems to think that the information could add fuel to the argument that NHTSA is too close to automakers.