U.S. v. Toyota / Class Action

Toyota Faces Potential Class Action Over Defective Gas Pedals
Great Neck, NY: A lawsuit seeking class action status has been filed on behalf of several consumers who purchased Toyota vehicles subject to various recalls issued in January 2010 for defects in the vehicles' gas pedals. The lawsuit, which was filed in the U.S. District Court for the Eastern District of Louisiana, seeks class action status intended to benefit all residents of the United States who purchased a Toyota vehicle of model years 2005, 2006, 2007, 2008, 2009, and/or 2010 that is subject to the recalls.

On September 29, 2009, the National Highway Traffic Safety Administration (NHTSA) announced that Toyota was recalling floor mats on approximately 4.2 million vehicles, which allegedly caused the accelerator pedals in the vehicles to become stuck in the depressed position, leading to uncontrollable and rapid acceleration of the vehicles. On January 21, 2010, Toyota recalled yet another 2.3 million vehicles produced in the years 2005 through 2010 due to accelerator pedals on those vehicles becoming stuck in a depressed position, causing unexpected and unsafe acceleration. As of January 2010, Toyota had recalled a total 5.3 million vehicles due to problems with accelerator pedals sticking.

The class action lawsuit filed by Parker Waichman Alonso LLP and the Becnel Law Firm, LLC alleges that, as a result of these recalls, Toyota owners lost the use of their vehicles, and sustained, among things, economic losses and severe emotional distress. The complaint charges Toyota with breach of implied warranty and negligence, and seeks compensatory, punitive and exemplary damages for the Class, as well as equitable and declaratory relief. It also asks the Court to enjoin Toyota from implementing any fixes in the accelerator pedals of the subject vehicles without approval from the NHTSA.


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