Jan. 28, 2010
Toyota Recall May Have Federal Court Implications
Class Action Filed in November Asserting Defects in Many More Years and Models; Fatalities Recorded in Unrecalled Lexus Vehicle
By Tony Rutherford
Huntingtonnews.net Reporter
Charleston, WV (HNN) – Toyota has issued a massive recall of vehicles whose engines accelerate on their own. Details of the recall began Tuesday, Jan. 26.
However, three Charleston residents on November 13, 2009 filed for class action status for their U.S. District Court complaint against the company. Their complaint states that electronic throttle controls (ETCS-I) have the propensity to accelerate. In fact, the National Highway Traffic Safety Administration began inspecting 2002 and 2003 Toyota Camrys for defects when reports first culminated during 2002.
The complaint cites a San Diego accident involving a Lexus with a jammed accellerator that caused four deaths.
The suit filed in the Southern District for West Virginia contends many more drivers are at risk from accelerator issues than simply the models recalled by Toyota.
Here’s a comparison: The complaint alleges drivers at risk are those with the following vehicles: 2002-2009 Camry (Toyota recalled “certain” 2007-2010); the complaint alleges as “at risk” 2000-2009 Tundras as “at risk” (Toyota recalled 2007-2010); the complaint names 2005-2009 Corollas as “at risk” (the recall is for 2009-2010 models); the complaint has 2005-2009 RAV-4’s “at risk” (Toyota recalled 2009-2010); the complaint alleges 2005-2009 Avalons as “at risk” (Toyota recalled 2005-2010 Avalon).
The complaint alleges that these additional models have the same risk: 2007-2008 FJ Cruisers; 2003-2008 Tacoma pickup trucks; 1998-2009 Lexus; 2001-2009 Land Cruisers.
Toyota has recalled the following which are NOT alleged as having the defect in the complaint: 2010 Highlander (except Hybrid models) ; 2009-2010 Matrix; and the 2008-2010 Sequoia.
(Plaintiff Michael Graves owns a 2007 Toyota FJ Cruiser; plaintiff Jeff Mullins owns a 2007 Toyota Highlander; plaintiff Michael C. Graves owns a 2007 Toyota FJ Cruiser.)
DOWNLOAD A PDF OF THE ORIGINAL COMPLAINT HERE.
DOWNLOAD A PDF OF THE AMENDED COMPLAINT HERE.
The company has recalled a total estimate of two million vehicles due to the gas pedal sticking issue.
A safety research firm in Massachusetts has documented more than 2,000 sudden unintended acceleration incidents. Crashes came in 275 of those cases, resulting in 18 deaths.
According to the suit, Toyota has reported 123 complaints that “may relate to the alleged defect.” But the defendant intentionally excluded these incident categories: (1) an incident alleging uncontrollable acceleration that occurred for a long duration i.e. longer than one second; an incident in which the customer alleged that they could not control a vehicle by applying the brake; and (3) an incident alleging unintended acceleration occurred when moving the shift level to the reverse or drive position.”
Although Lexus vehicles are NOT included in the recall, the complaint cited an incident where a 2009 Lexus ES350 suddenly accelerated in San Diego, California, resulting in four deaths. Toyota issued a “Safety Advisory” that stated “the company had taken a closer look at the potential for the accelerator to get stuck in the full open position due to interfering floor mats.” This advisory said the company would recall certain 2007-2010 Camrys and Lexus vehicles, 3.8 million in all to address the issue.”
The complaint includes representation of a NHTSA Office of Defects Investigation on the engineering of 2007 Lexus ES-350 vehicles. The engineering analysis begins:
“The safety consequences of an unsecured rubber floor mat trapping the accelerator pedal with the vehicle in gear can be severe. With the engine throttle plate open, the vacuum power assist of the braking system cannot be replenished and the effectiveness of the brakes is reduced significantly. During trapped throttle acceleration testing, several methods to defeat acceleration proved effective but not necessarily intuitive.”
Brake pedal force “in excess of 150 pounds was required to stop the vehicle , compared to 30 pounds required when the vehicle is operating normally. Stopping distances increased from less than 200 feet to more than 1,000 feet. This required brake pedal force is beyond the physical capabilities of most drivers.”
Requesting class action status, the complaint alleges that “consumers purchasing a Toyota vehicle containing the ETCS-I are not informed of the heightened propensity for runaway acceleration… [and] Toyota has actual knowledge that ETCS-I equipped vehicles are unreasonable dangerous to a person … due to acts and omissions by the Defendants.
The complaint states the following common questions of law and fact regarding plaintiffs who purchase a vehicle with the propensity to accelerate:
a. Did Toyota sell, market, advertise, distribute and otherwise place its vehicles utilizing ETCS-i into the stream of commerce throughout West Virginia and the United States?
b. Did Toyota mislead consumers as to the relative safety of the Toyota vehicles listed above as being equipped with the ETCS-i?
c. Did Plaintiff and others similarly situated suffer damages?
d. The extent of damages suffered by Plaintiff and the Class and the appropriate amount of compensation?
e. Was Toyota unjustly enriched?
f. Did Toyota act with malice, oppression and fraud so as to justify an award of punitive and exemplary damages?
g. Are the Plaintiff and the Class entitled to injunctive relief?
The plaintiffs want any West Virginia citizen who owns the subject vehicles to be eligible to enter into the class action.
At this time both the plaintiffs and defendants have been granted leave of the court to submit counter motions of dismissal which will exceed the normal court limit of 25 pages.
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Toyota Recall May Have Federal Court Implications
Class Action Filed in November Asserting Defects in Many More Years and Models; Fatalities Recorded in Unrecalled Lexus Vehicle
By Tony Rutherford
Huntingtonnews.net Reporter
Charleston, WV (HNN) – Toyota has issued a massive recall of vehicles whose engines accelerate on their own. Details of the recall began Tuesday, Jan. 26.
However, three Charleston residents on November 13, 2009 filed for class action status for their U.S. District Court complaint against the company. Their complaint states that electronic throttle controls (ETCS-I) have the propensity to accelerate. In fact, the National Highway Traffic Safety Administration began inspecting 2002 and 2003 Toyota Camrys for defects when reports first culminated during 2002.
The complaint cites a San Diego accident involving a Lexus with a jammed accellerator that caused four deaths.
The suit filed in the Southern District for West Virginia contends many more drivers are at risk from accelerator issues than simply the models recalled by Toyota.
Here’s a comparison: The complaint alleges drivers at risk are those with the following vehicles: 2002-2009 Camry (Toyota recalled “certain” 2007-2010); the complaint alleges as “at risk” 2000-2009 Tundras as “at risk” (Toyota recalled 2007-2010); the complaint names 2005-2009 Corollas as “at risk” (the recall is for 2009-2010 models); the complaint has 2005-2009 RAV-4’s “at risk” (Toyota recalled 2009-2010); the complaint alleges 2005-2009 Avalons as “at risk” (Toyota recalled 2005-2010 Avalon).
The complaint alleges that these additional models have the same risk: 2007-2008 FJ Cruisers; 2003-2008 Tacoma pickup trucks; 1998-2009 Lexus; 2001-2009 Land Cruisers.
Toyota has recalled the following which are NOT alleged as having the defect in the complaint: 2010 Highlander (except Hybrid models) ; 2009-2010 Matrix; and the 2008-2010 Sequoia.
(Plaintiff Michael Graves owns a 2007 Toyota FJ Cruiser; plaintiff Jeff Mullins owns a 2007 Toyota Highlander; plaintiff Michael C. Graves owns a 2007 Toyota FJ Cruiser.)
DOWNLOAD A PDF OF THE ORIGINAL COMPLAINT HERE.
DOWNLOAD A PDF OF THE AMENDED COMPLAINT HERE.
The company has recalled a total estimate of two million vehicles due to the gas pedal sticking issue.
A safety research firm in Massachusetts has documented more than 2,000 sudden unintended acceleration incidents. Crashes came in 275 of those cases, resulting in 18 deaths.
According to the suit, Toyota has reported 123 complaints that “may relate to the alleged defect.” But the defendant intentionally excluded these incident categories: (1) an incident alleging uncontrollable acceleration that occurred for a long duration i.e. longer than one second; an incident in which the customer alleged that they could not control a vehicle by applying the brake; and (3) an incident alleging unintended acceleration occurred when moving the shift level to the reverse or drive position.”
Although Lexus vehicles are NOT included in the recall, the complaint cited an incident where a 2009 Lexus ES350 suddenly accelerated in San Diego, California, resulting in four deaths. Toyota issued a “Safety Advisory” that stated “the company had taken a closer look at the potential for the accelerator to get stuck in the full open position due to interfering floor mats.” This advisory said the company would recall certain 2007-2010 Camrys and Lexus vehicles, 3.8 million in all to address the issue.”
The complaint includes representation of a NHTSA Office of Defects Investigation on the engineering of 2007 Lexus ES-350 vehicles. The engineering analysis begins:
“The safety consequences of an unsecured rubber floor mat trapping the accelerator pedal with the vehicle in gear can be severe. With the engine throttle plate open, the vacuum power assist of the braking system cannot be replenished and the effectiveness of the brakes is reduced significantly. During trapped throttle acceleration testing, several methods to defeat acceleration proved effective but not necessarily intuitive.”
Brake pedal force “in excess of 150 pounds was required to stop the vehicle , compared to 30 pounds required when the vehicle is operating normally. Stopping distances increased from less than 200 feet to more than 1,000 feet. This required brake pedal force is beyond the physical capabilities of most drivers.”
Requesting class action status, the complaint alleges that “consumers purchasing a Toyota vehicle containing the ETCS-I are not informed of the heightened propensity for runaway acceleration… [and] Toyota has actual knowledge that ETCS-I equipped vehicles are unreasonable dangerous to a person … due to acts and omissions by the Defendants.
The complaint states the following common questions of law and fact regarding plaintiffs who purchase a vehicle with the propensity to accelerate:
a. Did Toyota sell, market, advertise, distribute and otherwise place its vehicles utilizing ETCS-i into the stream of commerce throughout West Virginia and the United States?
b. Did Toyota mislead consumers as to the relative safety of the Toyota vehicles listed above as being equipped with the ETCS-i?
c. Did Plaintiff and others similarly situated suffer damages?
d. The extent of damages suffered by Plaintiff and the Class and the appropriate amount of compensation?
e. Was Toyota unjustly enriched?
f. Did Toyota act with malice, oppression and fraud so as to justify an award of punitive and exemplary damages?
g. Are the Plaintiff and the Class entitled to injunctive relief?
The plaintiffs want any West Virginia citizen who owns the subject vehicles to be eligible to enter into the class action.
At this time both the plaintiffs and defendants have been granted leave of the court to submit counter motions of dismissal which will exceed the normal court limit of 25 pages.
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