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Toyota loses move to kill lawsuits in acceleration case


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Toyota loses move to kill lawsuits in acceleration case

08:38 AM

People suing Toyota over unintended acceleration and other safety issues appear to have won a second big court fight.

A federal judge in California tentatively rejected Toyota's bid to dismiss lawsuits claiming deaths and personal injuries caused by unintended sudden acceleration of its vehicles, Bloomberg News reports.

That means cases involving injured customers and families of those killed in accidents can go forward if they provided sufficient evidence, said U.S. District Judge James V. Selna in Santa Ana, Calif. in a tentative ruling.

That win comes after Selna earlier denied Toyota's motion to dismiss class-action lawsuits from owners who says their Lexus or Toyota models lost value because of the sudden acceleration issue.

The automaker is accused in the lawsuits of failing to disclose or warn of a defect in its vehicles that could cause sudden acceleration. Toyota said in court filings that the plaintiffs didn't offer specific allegations of an actual defect and that the company didn't conceal anything.

"Toyota demands a level of specificity that is not required at the pleadings stage," Bloomberg quotes Selna as saying in his tentative order. "The defect is identified: plaintiffs' cars suddenly and unexpectedly accelerate and do not stop upon proper application of the brake pedal."

Selna said he wouldn't dismiss fraud allegations against Toyota related to sudden unintended acceleration, or SUA. "Rather than disclosing the SUA defects to consumers, Toyota often blamed consumers for SUA-related problems," he wrote.

link:

http://content.usatoday.com/communities/driveon/post/2010/12/toyota-loses-move-to-kill-lawsuits-in-acceleration-case/1

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