- Toyota is citing a new NASA report that found no electronic defects in its vehicles in its second attempt to dismiss a sudden acceleration class-action lawsuit.
- A Toyota lawyer told a California court that plaintiffs in the case are "chasing a phantom theory of defect" that does not exist.
- A hearing on the dismissal motion is scheduled for April 29. In the meantime, Toyota will debut a new ad campaign on Monday designed to spruce up its reputation after record recalls.
SANTA ANA, California — Toyota is citing a new NASA report that found no electronic defects in its vehicles in its second attempt to dismiss a sudden acceleration class-action lawsuit.
Armed with the NASA study, Toyota's legal team says the lawsuits are without merit.
"Plaintiffs are chasing a phantom theory of defect that only last week NASA and NHTSA, after an extensive investigation, jointly confirmed does not exist," wrote a Toyota lawyer in a motion filed on Monday.
U.S. District Judge James Selna has been asked to dismiss the suit, which bundles scores of claims from Toyota owners who allege that defects in Toyota vehicles affected the value of their vehicles.
A lawyer for the plaintiffs told The National Law Journal that Toyota's lawyers are "taking some liberties" in their motion with the study.
"It is like your son eager to show you his recent report card, touting the single A while his finger covers the Cs, Ds and Fs," he told the publication in a prepared statement. "It is almost comical if Toyota wasn't foisting this ploy at the expense of consumer safety."
The NASA probe found no electronic defects that could cause unintended acceleration in the Toyota vehicles it scrutinized. The news was widely interpreted as a vindication for the Japanese automaker, which had been under fire after record recalls, a congressional investigation and record federal fines.
The move for dismissal of the lawsuit and a new Toyota advertising campaign set to launch on Monday are part of an aggressive push by the automaker to regain its tarnished reputation. Toyota on Friday said the new ad campaign, dubbed "#1 for a Reason," will "remind people why Toyota continues to be the top brand consumers turn to when buying a new vehicle."
In the meantime, Judge James V. Selna announced in January that the first trial in the Toyota proceeding will take place in the first quarter of 2013. The parties in the case have been ordered to submit a list of three to five so-called "bellwether" cases from which the initial trials will be drawn no later than April 21. Judge Selna refused to dismiss the case last November and in December turned down a motion by Toyota to dismiss personal injury and death claims related to sudden acceleration claims.
Inside Line says: Will the NASA study be good enough to convince this judge to drop the lawsuit against Toyota? — Anita Lienert, Correspondent
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jmtdo says:
09:58 PM, 03/02/2011
My 2004 Toyota Camry suddenly accelerated when I was pulling into a parking space with my foot on the brake. There was no recall on my car but last year the throttle body assembly was replaced due to stalling. Ever since that part was replaced, I experienced intermittent surges and sluggishness. My factory floor mats are no where near the accelerator, I know the difference between accelerator and brake (duh!) and my foot was on the BRAKE when the car accelerated. If you read the NASA report, it says, "...absence of proof that the ETCSi caused a UA does not vindicate the system." Also the NESC team stated that, "...Because proof that the ETCS-i caused the reported UAs was not found does not mean it could not occur." Of course, we don't hear about this, do we. Please see this site for other stories - http://www-odi.nhtsa.dot.gov/complaints/complaintresults.cfm?start=1&SearchType=QuickSearch&odi_ids=10342196,10342385,10342580,10342709,10342933,10342998,10344320,10344918,10344969,10345388,10345584,10345715,10345973,10347340,10348120,10348348,10347750,10349159,10349870,10350871,10351280,10351813,10352333,10352734,10352925&type=QuickSearch&summary=true&PrintVersion=YES
tbone85 says:
02:31 PM, 02/23/2011
I wondered how long it would be until the tin hat conspiracy theorists emerged in this thread. Ironically, the basis of this story is that one of their favorite boogie men in this Toyota debacle, the NHSTA, made a finding that supports Toyota's position. So now that the federal government isn't part of the grand conspiracy to destroy Toyota, who's left? The union demons with their cigars and cognac? The press who secretly hate one of their largest benefactors? How about Detroit manufacturers who hired the people who made the claims and instructed the press to write the stories?
The rest of us are "naive" if we don't buy into the grand conspiracy theory, and sheep if we don't kowtow to the tin hat guard. Whatever. You'll excuse me if I don't take advice on how or what to think from foreign "contributors".
There were many lessons to be learned from the Audi incident--some of which Audi themselves quietly implemented. Consumers made mistakes with those vehicles, but Audi also made changes to the spacial relationship of the brake and acceleration pedals to more closely mimic the position of other manufacturers. Everyone should own up to their mistakes, and there are likely some human engineering/experience improvements that Toyota can make to help push the incidence level back to the norm. They've made some marvelous engineering decisions over the years, but it would be a mistake for Toyota's technical team to completely buy what their marketing team must sell.
cjgt says:
01:00 PM, 02/22/2011
What legal wrangling? Are businesses just supposed to roll over and beg for a settlement when plaintiffs file lawsuits? - acbayard.
Companies do it quietly all the time to avoid being shown in a bad light. Do you really think Toyota, or any automaker, is any different? In fact Toyota has done it numerous times. After all the problems, which most Toyota has admitted to, they have the gall to think all of this can be dismissed because of one report? Then say we're number 1 after all of these recalls? Really?
"I don't think Toyota appreciates the unmerited lawsuits it has received, all without warrant." - lyse
All without warrant? The suits before were warranted to the point of settlement. Next are you going to tell me that Toyota should reverse the settlements as well?
"Their cars are in fact, long lasting, and safe. IIHS still credits Toyota as a top safety pick, J.D. Power still rates them excellent, CR still holds their reliability as Good-Excellent." - lyse
Yea........and? There are other automakers that are rated highly as well. Why should I trust Toyota over them? Don't tell me just because it's a Toyota? That's one of the reasons why I don't trust them. Their working harder to repair their name, than improving their cars.
"Their cars can be long lasting, I'll give them that" - cjgt, "Your self-righteous puny statement means nothing" - lyse
That's funny! Your self-righteous puny statement is worth more than my self-righteous puny statement? I'm coming from an individualistic standpoint without citing JD Power, CR, etc. Can you say the same? What's next? Are you going to post a link to Toyota's homepage?
"I never was a fan and this isn't helping." - cjgt, "So are you trying to be a fan?" - lyse
You wanted to defend Toyota so much that you missed the point. Their cars leave much to be desired, but it's the company I mainly have a problem with.
So let me get this right. Toyota is trying to throw out lawsuits for a problem THEY already admitted to and settled on, said the "plaintiffs are chasing a phantom theory" that people may have died from, has numerous recalls dealing with various issues, and among all this; Toyota releases new ad called "#1 for a Reason," to "remind" people why Toyota is the best...........but I'm the one being arrogant?!
I don't even know why you feel the need to defend Toyota. I mean they got a mult-million dollar ad coming out to "remind" me that they are #1. LOL!
fvgtr35 says:
12:28 PM, 02/22/2011
It's funny how people are always bragging about being able to purchase any and all vehicles in the world, but choose not to. Sure. Kind of like saying, "I'm so rich i don't even know it".
I don't think the nine vehicles tested were just pulled off the Toyota dealership lot (out of millions of Toyota's) as a lot of people are assuming. They were vehicles that had already been reported to have unintended acceleration. I believe one was the Lexus ES300 that ran away from a woman who had doubled up on floor mats and gave a teary eyed recollection of her terrifing moments with the car then promptly sold it to another couple without telling them...only to drive the car for another 25-30k miles without issue. The other was the Prius that ran away from its owner in California, who by the way was so scared to do anything except talk on the phone to the 911 operator, including putting the car into neutral, well that is until the CHP was present.
I would never buy a Toyota because they are boring cars, but even i wouldn't be so quick to discredit a bunch of NASA engineers, which by the way i believe are the smartest engineers in the world. I guess there are people that are just smarter than NASA engineers.
We as Americans are so quick to blame others for our problems we don't even think of the consequences to other people or companies, kind of like the Audi UA in the 80's. It's kind of like telling the police officer after rear-ending someone, "if they weren't stopped at the red light i would not have hit them". We are a self-centered money hungry society that needs to wake up and take responsibility for our own actions.
Why is it that UA Toyota's only exist in the United States and nowhere else. Do Toyota cars and trucks hate American's so much that they want to kill all of us? Again, i stand by my original assertion that UA is caused by all the old and idiotic Toyota drivers out there, nothing more.
bdog44 says:
09:02 AM, 02/22/2011
As a casual viewer of this website for years, it astounds me just how naive the majority of the American public are. The class action lawsuit launched against Toyota was nothing more than a smear campaign and an attempt to knock Totoya off their perch as the number one auto maker. The U.S. has a serious problem of being threatened and to become very over protective of their masculine identity, namely protecting the big three...General Motors, Ford and Chrysler. They should have failed just like the rest of the tax paying citizens' who lost their home.
It's time the American people wake up and recognize what their own government is really up to...it's just the tip of the iceberg. The media has made "sheeple" out of those who honestly fell for this playground bullying tactic...time to think for yourself!
dgmail says:
02:55 AM, 02/22/2011
Re lyse:
I probably can afford any car out there. I choose to not consider Recall Motors Toyotas for very good reasons.
I have taste and want to live to see tomorrow.
Those are the top reasons I shun Recall Motors Toyotas.
That includes poser mobile lexus and rental ugly scion.
brazaboy says:
12:42 AM, 02/22/2011
I think its funny how Chrysler, Ford, GM, VW and even Hyundai doesn't get bad rap for unintended accelaration since it was reported in the NHTSA list. Although Toyota has 10% more than the aforementioned automakers, its is due variety of causes. Ford was second highest in S.U.A. but those incidents have been kept underwraps! NASA has concluded that accelarator pedal stickyness is feature problem in other automakers. Nobody says a thing due horrendous assembly and/or parts defects of the Big3 does because its business as usual. Ask VW owners of their TDI problems.
Please stop nonsensical posting against Toyota, it almost sounds as the drivers who have the claims suit.
The fact is nobody holds as well as Toyota six-sigma quality in mass produce vehicles, nobody!!!
alexstore says:
07:52 PM, 02/21/2011
acbayard- funny thing is his car will move . In 07 Toyota did not offer brake overide and 4runner being a vehicle designed for climb has more than enough torque necessary to overide brakes. With this I still believe that accelerated was possibly pressing both gas and brake pedals
lyse says:
06:15 PM, 02/20/2011
The "C. D.& F's" on Recall Motors (toyota) report card is the rest of their line up of vehicles. That includes the overpriced poser-mobile lexus, and rental lot ugly scion.
Get out of here you inbred tool.
Overpriced poser-mobile Lexus? Really? Can't afford it eh?
Rental Lot Ugly Scion? So you can't afford a Scion either eh?
Where is the "C's" "D's" and "F's" for the "rest" of their line up? Maybe the C's, D's, and F's are grades you've gotten your entire paltry life.
DGMAIL: Illiterate and irrelevant.
lsobboh says:
01:03 PM, 02/20/2011
What upsets me is that certain individuals criticize Toyota for trying to dismiss lawsuits as if they wouldn't do the exact same thing. What do you want them to do? Sit back and get smacked with huge lawsuits? To show what? How sincere and loyal they really are? Everyone should live up to their responsibilities, BUT if you are being punished and handed lawsuits for a crime that people aren't even sure you committed it then becomes your job to defend yourself.
It's like you shoplifted a pair of shoes from a store, and then in the same week 30 other pair of shoes were shoplifted from the same store by different individuals, but only you got caught. Should you be responsible for 31 pair of shoes if your finger prints were only found on 1? Of Course not. And would you sit back and take the blame for all 31? Hell no you won't. So get off Toyota's backs. Chances are, this crap will be settled out of court anyways, and that's the sad part... And chances are, within the next 15 years, or so, something else will happen to another automaker and this whole process will be repeated. This is America, and the wheels on the bus goes round and round....