Toyota wins dismissal of the first sudden acceleration lawsuit

Article by Christian A., on October 3, 2011

The first test case for the sudden acceleration suit against Toyota Motor Corp. set to go on trial in California in February 2013 has been dismissed. This first bellwether case was initiated by the families of two people who died in a crash in Utah in 2010. A federal judge said that the case should have been filed in state court in Utah.

In 2009, Toyota recalled at least 8 million U.S. vehicles beginning in 2009, related to claims of unintended acceleration. These recalls had led to the filing of hundreds of economic-loss suits and claims of injuries and deaths.

The case was dismissed by U.S. District Judge James V. Selna in Santa Ana, Calif., after determining that a federal warranty claim in the lawsuit wasn’t able to comply with a required $50,000 threshold for damages.

Selna said that under federal law, the plaintiffs are unable to count potential personal injury or punitive damages to meet this requirement. He cited “lack of jurisdiction” for dismissing the case.

Mark Robinson, an attorney for the plaintiffs, said that this ruling doesn’t mean that the case won’t be tried or would not remain in federal court.

Robinson said that the warranty claim, brought under the federal Magnuson Moss Warranty Act, is targeted at the dealer and isn’t crucial to the lawsuit filed against Toyota.

He added that the company is currently drafting a complaint where the dealer won’t be a defendant and where “everything will be cured” and the suit will proceed, demanding punitive damages among other costs.

If you liked the article, share on:

Comments

Recommended

Here comes Blue Arrow, a Porsche 911 (991) Turbo S tuned by Edo Competition that is even quicker and faster than the 911 GT2 RS. Moreover, it is definitely the...
by - July 24, 2017
Earlier this year, Ford had already begun deliveries of the Ford GT. However, the company has been experiencing some delays at their facility in Canada. This means that the next...
by - July 24, 2017
BMW has given the 2018 1-Series a facelift, and they have just released a ton of new photos and a couple of videos to show us what it’s got. Nevertheless,...
by - July 24, 2017
When Chevrolet came out with the 2018 Equinox last September, the facelifted model was offered in a diesel option for the first time, plus it weighed much less at 400...
by - July 23, 2017
If you are a huge fan of the hardcore GTS version, you probably know that the closest you could get to that model is the upgraded model of the M4...
by - July 23, 2017
Facebook

Youtube Channel

Tip Us
Do you have a tip for us?
Did you film an important event?
Contact us
Newsletter
Subscribe to our newsletter!
Subscribe
Galleries