Toyota Tries To Throw Out All Acceleration Lawsuits

Fri, 11/19/2010 - 3:34am



Toyota argues the plaintiffs have been unable to prove that a design defect, namely its electronic throttle control system, is responsible for vehicles surging unexpectedly.

"Plaintiffs infer negligence and strict liability on the part of Toyota based on unsubstantiated circumstantial information," Vincent Galvin, an attorney for Toyota, said in court documents.

"Unless and until plaintiffs can provide factual allegations of a specific defect in the (electronic throttle control system) that caused the subject vehicle to experience a sudden unintended acceleration event, plaintiffs' product liability and negligence claims should be dismissed," he said.

Plaintiffs' attorneys contend the Japanese company bought back cars from drivers who reported acceleration issues, had them sign confidentiality agreements and some of its own technicians found vehicles speeding up without pressing the gas pedal. Toyota has denied the allegations.

The lawsuits, consolidated and assigned to Selna, seek compensation for injury and death due to sudden acceleration, while others claim economic loss from owners who say the value of their cars and trucks plummeted after the recalls.



In September, the company paid an undisclosed amount to settle a lawsuit with the relatives of four people killed last year in a high-speed crash near San Diego when a driver was unable to stop a runaway Lexus. The incident galvanized attention around possible safety flaws in some Toyota models.


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