Archive for November 19th, 2010

Toyota is attempting to dismiss sudden acceleration lawsuit

News Channel 2 story is here

A federal judge is California is soon to consider a motion filed by Toyota Motor Company in which Toyota seeks to dismiss lawsuit alleging there was a defect in Toyota’s vehicles that caused sudden acceleration.  Toyota has recalled millions of its vehicles yet is asking the judge to throw out hundreds of the lawsuit filed over sudden acceleration collisions. Toyota is claiming that attorneys for people injured due to sudden acceleration have failed to prove that there is a design defect in Toyota’s electronic throttle control system that is responsible for the sudden accelerations.  The lawsuit seek damages for injuries and deaths caused by the sudden accelerations, and also for economic loss due to the reduction in market value Toyota owners have experienced due to the bad publicity surrounding the recall.

Products liability lawsuits are based on one or more theories that a product caused injury because: (a) users of the product were not adequately warned of the dangers associated with the product’s use; (b) the product was defectively designed, and the design defect made the product dangerous and caused injury; and (c) the product was defectively manufactured, and the manufacturing defect caused injury.