Toyota Files for Dismissal Saying Unintended Acceleration Class-Action Suit Doesn’t Hold Water
Earlier this week, Toyota filed a Reply Brief in Support of its Motion to Dismiss the consolidated class action that the company is facing over claims of an alleged electronic defect causing unintended acceleration.
Toyota contends that no defects in its Electronic Throttle Control System have been brought to light by the plaintiffs, and the automaker further argues that several plaintiffs said they haven’t had any unintended acceleration problems.
Thus, the automaker is calling for the dismissal of the multidistrict lawsuit.
In the reply brief — which was filed in federal court in California — Toyota argues against the plaintiffs’ legal theory, which the automaker claims “defies common sense.”
In a statement, Toyota said: “According to the filing, plaintiffs would have the court permit the cases to go forward on behalf of virtually all Toyota owners with ETCS-i, while their own portrayal of unverified data alleges that, at most, only a tiny fraction of the vehicles in question have ever experienced any sign of unintended acceleration.”
Cari Dawson, an attorney for the automaker, noted: “Toyota is confident that its cars provide safe, reliable transportation and that the plaintiffs have no credible claims of loss or defect. More than a year after filing their first complaint, plaintiffs have not identified a defect and are grasping at straws to make their case.
“Although the plaintiffs have recently filed a new complaint that attempts to remedy deficiencies in their earlier claims, this new complaint offers no more support for their positions and contains a number of inaccuracies and mischaracterizations,” Dawson added.
Toyota explained that this particular filing was just to delve into the original amended complaint and argue against what it called the “various legal flaws”
The plaintiffs filed the most recently amended complaint last week, according to the automaker, which said there will be another chance for Toyota to state its case regarding that particular item.
Sharing an example of what it believes to among the “various legal flaws” in the original amended complaint, Toyota pointed to what it called “fabricated warranties” presented by the plaintiffs.
The automaker said in the statement that “rather than base their economic loss claim on Toyota’s Express Warranty located in its Warranty Manual — the place where any reasonable customer would look — plaintiffs have fabricated their own so-called ‘Express Warranties.’
“These fabricated warranties consist of random statements cobbled together from a handful of routine advertisements for various vehicle models from the past 15 years. No plaintiff even alleges to have specifically viewed any of these materials,” Toyota continued.
Toyota further emphasized that “no evidence” of ETCS-i defect that would lead to unintended acceleration has been discovered by Toyota or third parties during “exhaustive technical investigations.” Additionally, the independent examinations being conducted currently will provide more proof that Toyota’s vehicles are safe, the automaker argued.
Dawson added: “Toyota looks forward to the time when plaintiffs will finally be compelled to specify exactly what is defective in Toyota’s Electronic Throttle Control System. That will have to be backed up by scientifically reliable, admissible proof of a defect as opposed to the speculative statements of counsel at the pleadings stage.”