Toyota Wins Dismissal of Most Florida, New York Unintended Acceleration Claims
Florida and New York car owners accusing Toyota of driving down the value of its vehicles by not disclosing or fixing defects related to unintended acceleration, has had the majority of their claims dismissed.
This is a sharp contrast to the decision made in the state of California by U.S. District Judge James Selna, that states California plaintiffs could sue over economic loss even if they did not experience unintended acceleration from their vehicles. At the time, Selna also ruled that other states would not be able to use California law to pursue their claims – which is evident now.
New Yorkers and Floridians are unable to sue if the owners never experienced an event of unintended acceleration or doesn’t have a measurable loss when trying to sell or trade in their vehicles. The ruling is expected to affect “most economic loss claims” in New York and Florida according to Carl Tobias, a law professor at the University of Richmond in Virginia.
The fight isn’t exactly over however, as Steve Berman, a lead lawyer for plaintiffs claiming economic loss, plans plans to appela the decision in Florida and New York. “Given the thousands of crashes, hundreds of deaths, Toyota’s inability to fix the cars, we don’t believe courts in New York or Florida would agree,” he said.
Trials will still be ongoing for those plaintiffs in other states or alleging personal injuries or deaths related to unintended acceleration episodes. Three trials are set in 2013 in Selna’s court who is also overseeing most federal unintended acceleration claims.
[Source: Automotive News]
Jason Siu began his career in automotive journalism in 2003 with Modified Magazine, a property previously held by VerticalScope. As the West Coast Editor, he played a pivotal role while also extending his expertise to Modified Luxury & Exotics and Modified Mustangs. Beyond his editorial work, Jason authored two notable Cartech books. His tenure at AutoGuide.com saw him immersed in the daily news cycle, yet his passion for hands-on evaluation led him to focus on testing and product reviews, offering well-rounded recommendations to AutoGuide readers. Currently, as the Content Director for VerticalScope, Jason spearheads the content strategy for an array of online publications, a role that has him at the helm of ensuring quality and consistency across the board.
More by Jason Siu
Comments
Join the conversation