Toyota Wants Unintended Acceleration Lawsuits Thrown Out

ToyotaCiting a lack of an "actual defect" in its vehicles, Toyota asked a federal court Tuesday to dismiss lawsuits seeking damages for economic losses caused by the company's recall of millions of cars to fix problems that may cause them to accelerate uncontrollably.

In a filing with the U.S. District Court of Southern California, Toyota Motor (TM) said the multi-party legal action should be thrown out because plaintiffs have never identified any defect in Toyota's electronic throttle control system (ETCS). Further, many of those suing the automaker haven't claimed to have experienced any episode of unintended acceleration, Toyota said in a statement.

"Toyota looks forward to the time when plaintiffs will finally be compelled to specify exactly what is defective in Toyota's Electronic Throttle Control System," said Cari K. Dawson, an attorney for Toyota in the statement. "More than a year after filing their first complaint, plaintiffs have not identified a defect and are grasping at straws to make their case."

The plaintiffs' lawsuit, should it be allowed to go forward, would permit virtually all owners of Toyota vehicles that have ETCS to sign on to the lawsuit, Toyota said.

"The suggestion that at some undisclosed time in the future, when these plaintiffs might attempt to sell their vehicles, they will suffer some loss legally traceable to a defect that they have never experienced is sheer speculation," the company said in its court filing, Bloomberg News reported.

Millions Recalled

The lawsuit, along with hundreds of others, was filed in the wake of Toyota's recall of about 8 million Toyota and Lexus vehicles to make repairs to prevent unintended acceleration. The ongoing action involves two separate recall campaigns: one to repair sticking accelerators, and another to shave down gas pedals to prevent them from getting hung up on heavy rubber floor mats.

The recalls were the subject of congressional hearings earlier this year and led to a record $16.4 million fine. Toyota has repeatedly denied that there is any other source of the problem, although the National Highway Traffic Safety Administration has commissioned studies to see if the problem may be caused by electronic interference.

Possible unintended acceleration problems in Toyota vehicles came to the public's attention in September 2009, after a veteran California Highway Patrol officer and three members of his family were killed in a tragic, fiery crash. The loaned Lexus ES 350 sedan they were riding in began accelerating uncontrollably down a San Diego area highway despite the officer's repeated efforts to stop the vehicle.

The vehicle reached speeds of up to 120 mph before crashing and bursting into flames. Surviving family members sued Toyota, and the matter was settled out of court about six weeks ago. Details of the settlement weren't disclosed.

Toyota said its court filing Monday addresses claims made in the plaintiffs' original amended complaint. The automaker is expected to file another response next week to plaintiffs' most recent amended complaint, filed last week.

In the modified lawsuit, those suing the company say the automaker failed to report incidents of unintended acceleration experienced by employees of Toyota dealerships. Plaintiffs also allege that Toyota bought back vehicles from owners who complained of sudden acceleration in exchange for confidentiality agreements barring them from discussing the matter.

Quality Woes

Though the recalls involving unintended acceleration are Toyota's largest this year, they aren't the only safety issues Toyota has had to address. Among others, in February the automaker recalled about 437,000 of its popular Prius hybrid vehicles to repair anti-lock braking systems in 2010 models. Most recently, Toyota recalled some 1.5 million cars and SUVs, including 740,000 in the U.S. to repair master cylinders that may leak brake fluid.

The numerous recalls have taken a toll on Toyota sales in the U.S. Once the nation's No. 2 automaker, Toyota has consistently undersold Ford Motor (F) since March. Toyota, Ford and other automakers will release October sales figures Wednesday.

Later in the week, Toyota will report its latest quarterly earnings. The automaker, the world's largest, is expected to report a profit of 157.5 billion yen ($2 billion), according to a poll of analysts by Thomson Reuters.

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None of this crap from toyota surprises me at all. What does surprise me is that so many Americans will still defend this company after they have s*** on you for over 30 years. If some of these people were alive in 1941 the capital of Japan would be in Hawaii and we'd be speaking Japanese.

November 03 2010 at 7:15 AM Report abuse +4 rate up rate down Reply

see,, now toyo junkboxes are trying to back out of their responsibility to pay for lost lives and damage by theur vehicles

November 03 2010 at 6:14 AM Report abuse +5 rate up rate down Reply

Any Buick will beat Camry, Accord, BMW and Mercedes at any time!!!

November 02 2010 at 11:31 PM Report abuse +3 rate up rate down Reply

I had 450,000.00 miles on my Impala with nor no problems

November 02 2010 at 11:30 PM Report abuse +3 rate up rate down Reply

FORD, GM and CHRYSLER cars are much better now than Toyota, Honda, Nissan, VW, BMW and Mercedes---

November 02 2010 at 11:28 PM Report abuse +3 rate up rate down Reply

Toyota another way of spelling JUNK. I say sue them out of business. We used to shoot them down when they Japanese Zero's along with the Nissans and Mitsubishi.

November 02 2010 at 11:02 PM Report abuse +4 rate up rate down Reply

To buy Foreign is unamerican. You're saying that your fellow american workers are no good. If you like Foreign move there!!! Why do you think the economy is in such bad shape. Americans buying Foreign Junk. We fast headed to be nothing more then a retail country, nothing made in the USA except kids. But now that I think of it most of them are fast becoming Foreign made.

November 02 2010 at 10:57 PM Report abuse +4 rate up rate down Reply

Of course they want the suits thrown out. Every murderer wants his case thrown out of court.

November 02 2010 at 9:50 PM Report abuse +6 rate up rate down Reply

The only thing that needs tossing out is the japs the hell out of America!!!!!

November 02 2010 at 9:07 PM Report abuse +5 rate up rate down Reply

you guys are ridiculous.....all that unintended acceleration stuff is a bunch of makes the best vehicles..longest lasting etc...u guys need to stop making up stories about ur toyotas accelerating out of no where...u just wanna sue and try to get rich..not gonna happen!

November 02 2010 at 9:06 PM Report abuse -7 rate up rate down Reply