Filed under: Government/Legal , Toyota Even though Toyota’s unintended acceleration debacle is as ancient as Jurassic fleas for most of us, the California Distric Court of Judge James Selna is still chainsawing through a massive docket of claims. Judge Selna had been considering whether plaintiffs in California, New York and Florida could sue Toyota for economic loss related to the claims of unintended accleraton – the plaintiffs wanted Toyota to reimburse them for the alleged decline in value of their cars. According to a report in Bloomberg , Selna issued a final ruling that the New York and Florida plaintiffs can’t sue for economic loss if they didn’t experience unintended acceleration, or if they didn’t experience “a measurable loss” when selling their cars. California plaintiffs, on the other hand, can sue even if there was no unintended acceleration event or perceived depreciation. The ruling could remove millions of owners from of plaintiffs and make an economic-loss class action lawsuit more difficult, but plaintiffs attorneys have said they’ll try to get the cases tried in New York and Florida courts. However, the ruling doesn’t affect other plaintiffs suing over the same issue in other states. This doesn’t affect the unintended accleration cases, though; three litmus-test trials are scheduled for next year. Judge dismisses most Toyota economic-loss claims from New York, Florida originally appeared on Autoblog on Mon, 07 May 2012 16:26:00 EST. Please see our terms for use of feeds . Permalink
Filed under: Government/Legal , Toyota U.S. District Judge James V. Selna has dismissed the first unintended acceleration lawsuit against Toyota in California on the grounds that it should have been filed in Utah. Automotive News reports that the case was brought to court by the families of two people killed in a Utah crash in 2010. Judge Selna found that a federal warranty claim in the lawsuit failed to meet a required threshold of $50,000. The warranty claim was levied toward the dealer that sold the vehicle, and since the judge ruled that the plaintiffs couldn’t use personal injury or punitive damages in warranty claim, the lawsuit fell short of the threshold. That meant that the case fell back under Utah jurisdiction. Meanwhile, Mark Robinson, the plaintiffs’ attorney, said that he’s already working to draft another complaint that leaves the dealer out as a defendant altogether. Doing so will allow the suit to go forward seeking full punitive damages. The suit alleges that Toyota failed to install a brake override system or otherwise prevent unintended acceleration.