Print 37 comment(s) - last by MartyLK.. on Dec 30 at 5:30 PM

Settlement will cover equipment installation, compensation for lost value

Steve W. Berman, Managing Partner at Hagens Berman, has achieved a key victory over what is expected to be the world's largest automaker in 2012.  

Toyota Motor Comp. (TYO:7203) on Wednesday filed documents to settle a major class action lawsuit organized by Mr. Berman over unintended acceleration in a variety of models.  The case was being held in U.S. District Court for the Central District of California, in Santa Ana, Calif.

Under the settlement terms [PDF], Toyota will set aside an estimated $1.2-1.4B USD, making the settlement agreement the biggest in automotive history, according to Mr. Berman's team.  The settlement fund will be used to compensate the owners of 3.25m Toyota vehicles for lost resale value.  The owners will also be eligible for free installation of a brake-override system.

After a fiery crash of a Lexus (Toyota's luxury brand) killed four in California in 2009, the National Highway Traffic Safety Administration (NHTSA) launched a formal investigation into acceleration issues.  While some suspected electrical origins for the issue, no such issue was ever replicated.  Ultimately the problems were blamed on faulty floor mats, which could entrap pedals on the Toyota vehicles, leaving drivers unable to brake.  Millions of vehicles were recalled in the company's largest recall ever.  Toyota was forced to also temporarily suspend sales in 2010.

Toyota Pedal
Toyota's acceleration issues were eventually pinned on faulty floor mats
[Image Source: Today's Machining World]

Mr. Berman praised Toyota's decision to settle the outstanding litigation and move ahead, commenting, "After two years of intense work, including deposing hundreds of engineers, poring over thousands of documents and examining millions of lines of software code, we are pleased that Toyota has agreed to a settlement that was both extraordinarily hard-fought and is exceptionally far-reaching."

Toyota chief North American legal officer -- Christopher P. Reynolds -- sought to take the opportunity to restate Toyota's point that its electronic systems were never proven to have issues, remarking, "This was a difficult decision -- especially since reliable scientific evidence and multiple independent evaluations have confirmed the safety of Toyota’s electronic throttle control systems."

Toyota vehicles
3.25 million vehicles are covered by the settlement. [Image Source: AP]

He adds, "[Ultimately] we concluded that turning the page on this legacy legal issue through the positive steps we are taking is in the best interests of the company, our employees, our dealers and, most of all, our customers."

Toyota certainly has enough resources to cover the settlement.  The company witnessed a rocky 2011 due to parts shortages from the tsunami and related domestic issues (see: Fukushima nuclear disaster).  But this year Toyota is expected to regain the sales crown, which was last year held by General Motors Comp. (GM).  Toyota is expected to announce sales rose 22 percent in 2012 to 9.7m vehicles, despite a Chinese boycott due to a territorial spat, more government fines, and more recalls.

Sources: Hagens Berman, Toyota [PDF], LA Times

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Not completely accurate
By MonkeySpooge on 12/27/2012 12:06:10 PM , Rating: 5
Of the 100 vehicles NHTSA tested they found that only 1 crash was found by the car mats, the Lexus dealer had put the wrong mats in their loaner cars which then got stuck under the pedal. The other 99 cars were found that the driver was pressing the gas pedal and not the brake. The results of the investigation can be found on the NHTSA website.

This story was over sensationalized in the media, now the media simply brushes the truth under the rug so they don't make themselves look like idiots.

Toyota has already paid so much for something that was the fault of one dealership. How many of us use proper mats in their car? I was looking forward for this tongi to court so the truth could come out. I guess Toyota settled so this accelerator thing could just go away.

RE: Not completely accurate
By Nutzo on 12/27/2012 12:32:45 PM , Rating: 2
How many of us use proper mats in their car?

I wore a hole in my Camry's floor mat after 10 year. Instead of taking a chance with a 3rd party mat, I bought a new set of Toyota mats off ebay at a pretty reasonable price.

RE: Not completely accurate
By MartyLK on 12/27/12, Rating: 0
RE: Not completely accurate
By Souka on 12/28/12, Rating: 0
RE: Not completely accurate
By MartyLK on 12/28/2012 1:55:51 AM , Rating: 1
If I did that, I'd have to put up with your type coming in and demanding replacement flaps because you couldn't cut them properly. You'd be constantly loitering and asking lame questions about how to do things. No doubt you'd drive the normal customers away with your incessant blathering - much like you just did.

RE: Not completely accurate
By conquistadorst on 12/28/2012 9:47:14 AM , Rating: 2
I don't even know what point you're trying to make? Maybe other than you're a simplistic moron yourself? Did I get it right?

RE: Not completely accurate
By MartyLK on 12/28/2012 2:11:56 PM , Rating: 1
Keep trying, it'll come to you eventually...maybe.

RE: Not completely accurate
By MartyLK on 12/30/2012 5:30:26 PM , Rating: 2
Apologies. I misread the link. Thought you were replying to my post. [smacks head in shame]

"When an individual makes a copy of a song for himself, I suppose we can say he stole a song." -- Sony BMG attorney Jennifer Pariser

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