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Wednesday, December 15, 2010

Judge Says Toyota Must Face Acceleration Injury and Death Cases

Just the Facts: Toyota's attempt to dismiss lawsuits claiming deaths and injuries caused by unintended sudden acceleration of its vehicles was tentatively rejected by a U.S. District judge.Another hearing in the case is scheduled for today, as lawyers plan to discuss the latest tentative ruling.Toyota is facing hundreds of lawsuits alleging decreased vehicle value or injury or death from sudden acceleration, following the recall of more than 8 million vehicles.

SANTA ANA, California — Toyota's attempt to dismiss lawsuits claiming deaths and injuries caused by sudden unintended acceleration (SUA) of its vehicles was tentatively rejected by U.S. District Judge James V. Selna on Wednesday.

This means that Toyota continues to face a double whammy — grappling with personal injury cases at the same time as a looming consumer class action lawsuit on behalf of Toyota owners who may not have experienced sudden acceleration, but who say that Toyota's massive recalls reduced the value of their cars. Toyota did not comment on the latest ruling as of Thursday morning.

"Rather than disclosing the SUA defects to consumers, Toyota often blamed consumers for SUA-related problems," Selna wrote.

In November, Selna turned aside Toyota's request to dismiss the economic lawsuits. He said there is evidence that Toyota knew more about the problems than it disclosed to the public and that Toyota's failure to act swiftly decreased the value of cars that worked properly.

Toyota has said in court filings and in statements on its Web site that the plaintiffs in the case haven't provided specific allegations of an actual defect and that it hasn't hidden any problems.

Another hearing in the case is scheduled for today, as lawyers plan to discuss the latest tentative ruling. Selna previously issued a tentative ruling in the economic loss complaint and then quickly followed it up with a final ruling. It is not known when or if the final ruling in the personal injury side of the Toyota lawsuits will be filed.

Toyota is facing hundreds of lawsuits alleging decreased vehicle value or injury or death from sudden acceleration, following the recall of more than 8 million vehicles.

Inside Line says: Put your money on the prospect that the Toyota lawsuits will go forward. — Anita Lienert, Correspondent


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