Wednesday, September 15, 2010

Toyota Fast Facts: Toyota Asks Federal Judge to Dismiss Lawsuits Over Acceleration

> Toyota Fast Facts is an update on Toyota and industry news. For more news,
> visit www.toyotanewsroom.com.
>
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>
> 1. Toyota Asks Federal Judge to Dismiss Lawsuits Over Acceleration
>
> Toyota Motor Corporation filed a motion Tuesday asking a federal judge to
> throw out all of the consumer lawsuits over unintended acceleration saying
> they are based on anecdotes and fail to identify any specific defects in
> the vehicles.
>
> The consumer lawsuits, which have been consolidated for pretrial
> proceedings in U.S. District Judge James Selna’s court in Santa Ana,
> Calif., claim Toyota vehicles declined in value because Toyota failed to
> make timely fixes or disclosures of defects related to unintended
> acceleration.
>
> Toyota issued the following statement:
>
> “Toyota recently filed a motion to dismiss plaintiffs’ master consolidated
> complaint. In its motion, Toyota raises a number of legal arguments aimed
> at various aspects of the complaint. Most significantly, Toyota argues
> that most of the proposed class representatives lack standing to maintain
> claims against Toyota because they do not allege that their vehicles have
> ever experienced any defect or malfunction. To the contrary, like the
> millions of would-be class members who they propose to represent, they have
> continued to own and drive their Toyota and Lexus vehicles without incident
> from the day they purchased them. Their argument that people who own
> Toyota vehicles may someday experience problems in the future is an example
> of the type of highly speculative litigation that should be dismissed."
>
> “Plaintiffs’ lawsuit is based on the claim that there is a defect in
> Toyota’s Electronic Throttle Control System that causes unintended
> acceleration. However, even after months of intense publicity and multiple
> scientific investigations, the plaintiffs have neither cited nor identified
> any specific defect in Toyota’s Electronic Throttle Control System, and no
> credible scientific theory or proof has been advanced to support the
> allegations in their consolidated complaint. We firmly believe that
> Toyota's Electronic Throttle Control System is safe, well designed,
> thoroughly tested and robust. To date, Toyota has never discovered or been
> provided with any valid scientific evidence that the Electronic Throttle
> Control System in its vehicles can cause unintended acceleration in a real
> world scenario.”
>
> A hearing on the motion is scheduled for Nov. 19 in Santa Ana.
>
> To read more, please click on
> http://www.bloomberg.com/news/2010-09-15/toyota-urges-u-s-judge-to-throw-out-...
>
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>
> 2. Science Panel Studying Unintended Acceleration Hears About Electronics
>
> A National Academy of Sciences panel researching unintended acceleration
> among all automakers for federal regulators heard testimony Monday that
> while human error remains the dominant reason for sudden surges,
> researchers believe some accidents can be attributed to electronic failures
> even though they have not identified specific causes.
>
> The preliminary findings were presented by Todd Hubing, a Clemson
> University electronics professor who is leading a team researching
> electronic controls and software in 10 different light vehicles from
> several automakers.
>
> According to Edmunds.com’s Auto Observer, Hubing said that pinning down
> potential electronic origins for unintended acceleration remain elusive
> because contemporary electronic control systems rely on analogue sensors
> whose accuracy cannot be validated.
>
> The science panel’s final report is not expected until next year.
>
> To read more, please click on http://www.autoobserver.com/
>
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