Toyota Faces Three Related Experiences Sudden Acceleration In 2013

Sudden acceleration problems are far from over Toyota as the company will face three tests in a federal court in Santa Ana, California.

The first case is that concerning the death of two people in Utah who was fired 10 days ago due to lack of jurisdiction. US District Judge James V. SELNI restored trial today, after the families of the victims met their claims against Toyota. The trial is set for February 19 the 2013th

The second case, claims for financial loss due to unintended acceleration, is scheduled for July 2013 and the third a wrongful death incident, will be held in November 2013.

In all three cases, the evidence of proof and liability issues and is expected to form a precedent on both sides, because many causes against Toyota will certainly follow.

The Japanese automaker says there is no basis for the joint treatment of economic loss class actions. Toyota spokeswoman Celeste Migliore said: "We believe that no single class of defendants and the plaintiffs are not entitled to relief individual or class-wide."

Best added that "the applicants have not yet encountered a problem with Toyota should have an electronic control system, and went no reliable scientific theory or evidence to support this claim fails in any Toyota vehicle, let alone all. Have not still a problem, can not be a class. "

Story References: Bloomberg News

 

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Court Dismisses First Sudden Acceleration Case Against Toyota Over Technicality

The sudden acceleration issue is still troubling Toyota, which has already paid $50 million in fines and recalled almost 8 million vehicles in the US alone in 2009 and 2010. The Japanese carmaker still has to face the lawsuits brought about by citizens and their families affected by the issue which, according to estimates, could cost the company as much as $10 billion.

However, the first sudden acceleration lawsuit lawsuit was dismissed by a federal judge who ruled that it should have been filed in Utah instead of California. The case is about Paul Van Alfen and passenger Charlene Lloyd, who were killed in 2010 when a 2008 Camry driven by Van Alfen hit a wall in Utah.

The judge ruled that the warranty claim didn’t meet the required $50,000 USD threshold for damages as the plaintiffs couldn’t count potential personal injury or punitive damages in this case.

“Plaintiffs are unable to reach the jurisdictional threshold of $50,000 in damages,” said U.S. District Court Judge James V. Selna. “The case is dismissed for lack of jurisdiction.”

“We are pleased this jurisdictional issue has been resolved and that the court agrees with Toyota that the proper forum for this case is the Utah state court”, said the company's spokeswoman Celeste Migliore.

The dismissal due to the lack of jurisdiction does not mean it's the end of the case. Mark Robinson, an attorney representing the plaintiffs, said: “I am drafting a new complaint right now in which the dealer will not be named as a defendant and everything will be cured and the suit will go forward seeking punitive damages and everything else.”

Story References: Bloomberg

 

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