Plaintiffs In Toyota Sudden Acceleration Litigation Face Possible Setback

Plaintiffs in the litigation surrounding claims that Toyota vehicles were subject to sudden acceleration, causing crashes and in some cases even deaths, were dealt a substantial blow when a federal judge tentatively dismissed the economic damages claims of consumers in Florida and New York against Toyota Motor Corp. in the litigation over sudden acceleration by Toyota vehicles, on the ground that they hadn’t actually experienced the problem.

The April 23 tentative ruling by U.S. District Judge James Selna in Santa Ana, Calif., would not affect consumers in California or other states, but, if finalized, could wipe out a substantial number of claims in the master class action complaint against Toyota.

If made final, the ruling would amount to a big win for Toyota, which is seeking to gut the claims that consumers in California, Florida and New York are entitled to economic damages because the company made false and misleading statements about the safety of its vehicles under the laws of each of those respective states. The plaintiffs claim that, as a result of Toyota’s alleged undisclosed defects associated with sudden acceleration, their vehicles lost value.

Such economic-damages claims represent 200 of the 300 cases in the multidistrict litigation. The rest would be unaffected because they were filed on behalf of individuals who were injured or died in accidents attributed to sudden acceleration.

The car accident attorneys at Lord & Faris have been watching these cases since the initial stages and agree that if this ruling becomes final it would be a serious loss to those injured by Toyota’s actions here. Toyota engaged in a widespread and systematic campaign of trying to stamp out and hush the problem related to sudden acceleration rather than address the matter head on. It wasn’t until regulators closed in that the true extent of the problem became clear and for many it was too late.

If you or a loved one has been injured in a crash involving a Toyota and you think sudden acceleration is to blame contact the litigation attorneys at Lord & Faris for a free consultation.

Toyota May Face Additional Claims

Despite Toyota’s recent efforts to clear away some of the litigation it faces in connection with the massive recall of many of its models, a federal judge has chosen a different route, ruling that additional economic damages claims can be asserted against the manufacturer in the multi-district litigation surrounding sudden acceleration problems.

The temporary order came after the plaintiffs’ steering committee in the litigation filed its first consolidated complaint for economic damages. In that complaint the plaintiffs allege that Toyota knowingly hid defects associated with unintended acceleration beginning in 2002 while falsely assuring consumers about the safety of its vehicles.

Two complaints were actually brought. One was an economic loss master complaint, filed on behalf of 50 named consumers and four business nationwide. A second was an amended complaint filed by 10 consumers and two businesses in California alleging violations of California law.

Toyota dismissed the move as nothing more than tactical gamesmanship and accused plaintiffs of “tactical gamesmanship”. According to Toyota, the move by plaintiffs is pretty simple and transparent–to make a move for getting the largest certified class possible and thus the largest recovery they can manage.

To date, 186 class actions in 39 states, including the District of Columbia and Puerto Rico have been filed, all seeking economic damages associated with the acceleration problems in Toyota models. Here in Minnesota we’ve seen this issue come to a head with the tragic case of a man imprisoned on manslaughter charges despite his claims that his Toyota simply wouldn’t stop. As these posts illustrate, Toyota’s legal issues are far from over. If you or a loved one has been affected by the recall, contact our Minneapolis personal injury attorneys for a free consultation as your rights may be affected by the ongoing litigation.

Mercedes Announces Recalls

Looks like Toyota is not the only automobile manufacturer with design flaws that can make their products dangerous for consumers. Mercedes-Benz announced that it is recalling 85,000 of its 2010 and 2011 models for a steering problem that could make the vehicles difficult to control.

According to reports, Mercedes said a connection fitting on the high-pressure power steering line might not be tight enough. If this part is not tight enough power-steering fluid can leak, ultimately making the cars difficult to drive. The problems can be especially noticeable when owners are in tight spots that require maximum steering, such as parking. Representatives from Mercedes acknowledged that the problem could lead to a crash, though as of the current reports, no crashes have been connected yet to this steering defect.

Mercedes representatives said they learned of the problem from customer complaints. As of right now the recall appears limited. Mercedes described the recall as voluntary, though given the nature of the defect it would appear that it falls under mandatory disclosure and recall requirements.

Our Minneapolis automobile accident attorneys never like news of a recall or reports of car manufacturers producing defective products. Yet when we see reports like this it makes us feel somewhat comforted that manufacturers seem to be heeding some of the warnings and lessons from the massive Toyota recall. Whenever we can see that kind of evolution in the marketplace we feel a little bit better that consumers are getting better products and families are driving safer cars.

Toyota Seeks To Dismiss Acceleration Lawsuits

Despite what has appeared to be a series of setbacks for Toyota in its battle of the earlier and massive recalls of many models due to sudden unintended acceleration, the manufacturer has moved to dismiss hundreds of lawsuits that seek damages related to that manufacturing defect. The motions were filed in response to the first consolidated complaints filed as part of the multidistrict litigation against the company. The cases have been consolidated and are being heard in California.

So far there are more than 300 such suits that seek some kind of economic damages for both consumers and businesses related to the recall. There are also suits from individuals who suffered injuries (or at times lost a loved one) in accidents attributed to the acceleration issues.

Toyota lists a whole lot of reasons for seeking to dismiss the lawsuits, including their claims that the suits fail to identify a common defect at issue, are full of unsupportable legal conclusions and faulty scientific conclusions.

To the average person Toyota’s motions to dismiss may seem surprising, and even downright shocking given what has been reported about the extent of the problem and, to be candid, the manner in which the manufacturer mishandled early reports of problems. But as our Minneapolis car accident attorneys know, this kind of legal maneuvering is really standard practice by defendants in litigation–particularly high stakes litigation like the claims Toyota faces.

That said, it is not a bad tactic for Toyota to try and get some of the claims it is facing dismissed, but we don’t expect this to be the last we hear of these cases.

Another Toyota Recall | Auto Accident Lawyers Minneapolis MN

The problems for Toyota just seem to be getting worse as the manufacturer announced yet another recall. This recall affects consumers world-wide as 1.53 million vehicles have the potential of containing bad brakes and fuel pumps. The recalled models were mostly made from 2004 and 2006 and, according to reports, occurred during a time of rapid growth for the car company that many analysts believe coincides with a lapse in attention to quality and safety standards.

Eager to get out ahead of the message, Toyota stressed that this latest recall didn’t represent a problem as much as it did a companywide effort to be more active and receptive in addressing potential flaws and consumer concerns. Where before Toyota stymied efforts at getting recall messages out, the “new” Toyota has said that these kinds of announcements reflect a change in culture that is trying its hand at embracing transparency and accountability.

The problems though no doubt will hurt the image of the manufacturer at a bad time. Reports of problems with various Toyota models had seemingly died down, allowing the manufacturer to focus on rebranding efforts and rebuilding consumer trust after a series of recalls and lawsuits that have hit the company hard.

While our Minneapolis automobile accident attorneys applaud the latest efforts by Toyota to be more responsive and transparent when their products contain problems, we’d prefer to see safe products made. But until that time we are here to protect your rights. If you or a loved one has been affected by the Toyota recall, contact our offices as you may have a claim.

Still More Problems For Toyota

Just as it seemed like car manufacturer Toyota was finally out of the headlines for manufacturing problems comes news that Toyota is recalling over 400,000 passenger cars in the United States and Japan for steering problems. The recall affects mostly the Avalon model and range from the 2000 model year through 2004. The apparent problem is an improper casting of the steering lock bar which causes cracks to develop on the surface. Sometimes that crack can cause the lock bar to break and potentially lead to a crash.

The recall also affects the 2003-2007 model years of the Lexus LX 470s for steering problems. But those problems appear to be different than the steering lock bar issues with the Avalons. Lexus owners have allegedly been contacted by Toyota instructing them to take their cars to local dealers for repairs.

So far no injuries have been reported from any accidents, and this latest recall appears to represent a new proactive approach by the beleaguered manufacturer after intense scrutiny of its handling of recalls associated with faulty floor mats.

Toyota currently faces over 200 lawsuits related to accidents involving defective automobiles, the drop in its stock value and the lower resale value of its cars as a result of the manufacturing problems. The company was also hit with a massive fine for responding too slowly when the recall crisis first became apparent.

Toyota continues to insist that it is putting the safety of its customers first and that it is dedicated to getting these issues resolved. It would appear, at least from a public relations standpoint, that they are trying.

If you or a loved one owns a Toyota contact our Minneapolis automobile accident attorneys for a free consultation as you may have a claim related to these recalls.

Toyota Issues Another Recall | MN Lawyers Lord & Faris

More bad news for Toyota as the company announced it was recalling about 650,000 Prius hybrid cars worldwide in order to repair faulty cooling pumps. These repairs are not part of any recall required by law. But the announcement, and quick recall, is part of the company’s overall efforts to repair a tarnished image as a result of massive recalls earlier in the year.

According to reports, problems with the cooling pump could cause the cars to overheat and lose power. So far there have been no reports of accidents or injuries related to the faulty cooling pumps and the company called the problem “minor” compared to previous recalls.

Of the cars recalled, approximately half of those models were sold in the United States and the rest in Japan and Europe. No one is sure just how the news will impact the company as the Prius is generally viewed as one of Toyota’s most popular models and has played a significant role in keeping the company afloat while it manages the myriad of problems related to past recalls.

While no one likes to hear news of unsafe products in the marketplace, this report does give our Minneapolis injury attorneys reason to hope as it is clear that Toyota is learning from its past mistakes. To that end customers should feel secure that the process and the laws work, even if at times they seem to be tilted in favor of manufacturers and away from consumers.

BMW Issues Vehicle Recall | Auto Injury Lawyers Lord and Faris

Toyota is apparently not the only automobile manufacturer having trouble these days. According to ABC News, BMW has announced a voluntary recall of over one-hundred thousand vehicles, all of which could be on the road with faulty fuel pumps. The announcement came after news reports exposed the apparent problem, though BMW would not confirm that the recall was linked to any investigative efforts done by the media.

The recall follows hundreds of claims brought against the manufacturer alleging problems with the fuel pump. Most of these legal actions have led to settlements on the condition that BMW drivers sign a confidentiality agreement, which may explain why news of the problem has so far stayed under the radar of the mainstream media.

Plaintiffs attorneys would like to see these gag clauses lifted, or at least eased some. Their argument is that by silencing customers BMW is able to avoid necessary disclosures to customers and avoid warnings that some of their cars have a problem that makes them potentially dangerous.

The fact that BMW has voluntarily recalled approximately 150,000 vehicles is obviously a good start. But it would be better if the manufacturer did so with the kind of transparency contemplated by federal regulators and the law. Whatever short-term gain BMW believes it has by taking this route will most likely be lost should this recall expand. That’s the clear lesson from the Toyota recall and one the Minneapolis car injury Lawyers at Lord & Faris would have hoped other manufacturers had learned by now.

New Complaint Filed Against Toyota

A revised lawsuit was filed on behalf of nearly 40 consumers and businesses against Toyota Motor Co alleging the auto giant ignored evidence of acceleration problems and failed to install a brake override system it knew could have prevented accidents. The amended complaint, filed in U.S. District Court in Southern California seeks damages related to economic losses including diminished vehicle values flowing from the ongoing reports of acceleration problems in many Toyota models. The lawsuit is seeking class-action status and if granted could cover as many as 40 million U.S. customers, according to reports. A hearing on whether or not class-action status will be granted is not likely until sometime in 2011.

According to Reuters, the amended complaint cites an internal company memo that said Toyota’s U.S. sales arm requested a brake override option in 2007, a full three years before the company made such an option standard in its models. The amended complaint also claims that the company failed to address a spike in customer complaints concerning sudden and unexpected acceleration as far back as 2002.

Toyota’s response has not changed. The company is insisting that the vast majority of accidents related to acceleration problems stem from driver error, not a manufacturing defect. The plaintiffs’ claims, and Toyota’s defenses are expected to get hashed out during the discovery process. Attorneys are estimating that discovery in this case could last as long as two years, in part because this amended complaint is a consolidation of several other cases filed in other jurisdictions throughout the country. Regardless of whether or not class-action status is granted, one thing is certain–this is a case that will be in the system for a long time.

Contact our Minnesota car accident lawyers at Lord and Faris to answer any questions you may have.

A Reminder on Teens and Driving

In another reminder of just how fragile life can be three teenagers from Winona County lost their lives after a joyride. The details from the case are heartbreaking and part of a Winona County Juvenile Court petition that charges the driver, himself a teenager, with three counts of criminal vehicular homicide and one count of criminal vehicular operation. One of the passengers, a twelve-year-old remains in critical condition.

While the accident actually took place in April, the criminal case is now moving forward reopening the wounds for family members and giving us all the opportunity to pause and reflect on just what we need to do to help keep our young drivers safe. This crash was just one in a series of springtime accidents on rural roads that in many ways brought together the perfect storm of temptation for teen drivers–clear spring skies, long, open roads, and little sign of adult supervision or presence.

Pretty soon Minnesotans will be concerned with different driving conditions as our gorgeous fall gives way to the long cold Minnesota winter. But that transition might just be the perfect time to sit down with your teen driver and let him or her know just how dangerous driving can be, even without the temptation to race, to talk on the phone or to text a friend. This past spring was a particularly deadly time for teen drivers in Minnesota, and the Minneapolis automobile accident attorneys at Lord and Faris hope we can chalk that up as an unusual year and not the norm.