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Toyota Asks For Class-Action Suit To Be Dismissed

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On: Wed, Nov 3, 2010 at 4:10PM | By: Sherry Christiansen


Toyota Asks For Class-Action Suit To Be Dismissed

Toyota Motor Co. has requested that the judge in a California class-action lawsuit drop the charges of alleged defective parts causing unintended acceleration on the grounds that no electronic throttle defects have ever been identified. Toyota states that while claims have been made on behalf of all Toyota owners with electronic throttle control systems, “only a tiny fraction of the vehicles in question” have accelerated out of control.

Out of thousands of mechanical/technical examinations of Toyota vehicles that allegedly sped out of control, Toyota Motor Co. engineers and federal regulators have been unable to find any evidence of electronic defects that could possibly be the cause of unintended acceleration.

"More than a year after filing their first complaint, plaintiffs have not identified a defect and are grasping at straws to make their case,” Toyota lawyer Cari Dawson said in a statement.

An amended class-action complaint filed last week in federal court in Santa Ana, California, cited internal company records documenting instances in which Toyota technicians or service managers were able to re-create acceleration problems like those reported by customers.

Plaintiffs allege that company records revealed instances in which technicians at Toyota re-created sudden acceleration problems just as it had occurred in recalled vehicles. The suit also contends that Toyota secretly re-purchased defective vehicles in order to conceal the problem from the public.

According to Steve Berman, attorney representing plaintiffs; “We believe the evidence clearly shows that Toyota recognized, and could replicate, sudden, unintended accelerations with their vehicles for nearly a decade,” Berma also stated; “We also believe Toyota knew how to fix the problem using a brake-override system -- standard equipment with other carmakers. We are confident the case will move forward, and the jury will be the ultimate arbiter.”

The 750 page class action lawsuit was filed as a result of groups of consumers and businesses claiming losses that allegedly stemmed from defective Toyota vehicles with unintended acceleration problems that should have been reported and repaired with a brake override system, accoring to plaintiffs.

Toyota maintains its stance that there have been no replications of sudden acceleration and that the company did buy back vehicles from customers but only to do “further engineering analysis.




Comments

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Eugeneia | 10:45AM (Thu, Nov 4, 2010)

I would just like to say that i hope that the lawsuit does not get dropped. It seems to me that Toyota has done everything in its power to cover up this problem, even buying back vehicles with problems. Shame on them.



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