agent Entrepreneur logo
MenuMENU
SearchSEARCH

Toyota to Face Speed-Up Cases Under Tentative Order

December 9, 2010
4 min to read


Toyota Motor Corp. will have to face lawsuits claiming deaths and personal injuries caused by unintended sudden acceleration of its vehicles if a tentative ruling by a federal judge in California becomes final, reported Bloomberg.


Lawyers for injured customers and families of those killed in accidents provided sufficient evidence to allow their cases to go forward, U.S. District Judge James V. Selna in Santa Ana, California, said in a tentative ruling yesterday. Selna earlier denied Toyota’s motion to dismiss class-action, or group, suits claiming economic losses related to sudden acceleration.

Ad Loading...


The automaker is accused in the lawsuits of failing to disclose or warn of a defect in its vehicles that could cause sudden acceleration. Toyota said in court filings that the plaintiffs didn’t offer specific allegations of an actual defect and that the company didn’t conceal anything.


“Toyota demands a level of specificity that is not required at the pleadings stage,” Selna wrote in his tentative order. “The defect is identified: plaintiffs’ cars suddenly and unexpectedly accelerate and do not stop upon proper application of the brake pedal.”


Selna said he wouldn’t dismiss fraud allegations against Toyota related to sudden unintended acceleration, or SUA, citing claims by the plaintiffs. “Rather than disclosing the SUA defects to consumers, Toyota often blamed consumers for SUA- related problems,” he wrote.


8 Million Vehicles


The company, based in Toyota City, Japan, has recalled more than 8 million vehicles for repairs related to sudden unintended acceleration. In September 2009, the automaker announced a recall of 3.8 million Toyota and Lexus vehicles because of a defect that may cause floor mats to jam accelerator pedals. The company later recalled vehicles over defects involving the pedals themselves.

Ad Loading...


“These rulings are only tentative and come at a stage of the legal proceedings in which the judge has to accept that what the plaintiffs allege are true, even though they are unproven,” Celeste Migliore, a Toyota spokeswoman, said in an e-mail today. “We are confident that as the facts develop in this case they will show that there are no defects in these Toyota vehicles.”


Toyota faces about 400 lawsuits alleging lost vehicle value or injury or death from sudden acceleration.


Selna heard arguments today about his tentative ruling. Federal lawsuits claiming death or injury caused by sudden acceleration are combined in his court as part of the MDL, or multi-district litigation. Selna took the matter under submission and didn’t indicate when he would issue a final ruling.


‘More Information’


“I understand that at the pleading stage you were not going to dismiss them but we are trying to force the plaintiffs to give us a little more information,” Vincent Galvin, a Toyota attorney, told the judge today.

Ad Loading...


Galvin said he didn’t expect the cases to be dismissed with prejudice, which would have meant they couldn’t be refiled. The plaintiffs’ complaints lack important details about alleged accidents, and granting Toyota’s dismissal motions would have forced them to be more specific, he said.


“Many of these complaints are forms that are used in one case after another,” Galvin told the judge. The complaints typically say, “Vehicle suddenly accelerated, I braked and it did not stop,” he said. “It is reasonable to request that they plead more facts.


Toyota “is encouraged that the court considers our framework for managing the MDL, including bellwether trials, to be a reasonable approach, because it will bring closure to the critical science issues,” Migliore said in an e-mail after the hearing. “We’re also pleased that we can move forward with depositions of selective plaintiffs to bring forth the actual facts of their cases.”


The judge is rejecting almost all of Toyota’s arguments, except for a few minor claims by that can be refiled later, said Mark Robinson, one of the lead lawyers for plaintiffs in the personal injury and death cases.


“If the judge finalizes this important tentative ruling, the plaintiffs’ ship is sailing at full speed with a prevailing wind,” he said yesterday in a phone interview.

Ad Loading...


The cases are combined as In re Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices and Products Liability Litigation, 8:10-ml-02151, U.S. District Court, Central District of California (Santa Ana).

More Industry

Blue and white RV parked on beach facing the ocean.
Industryby Lauren LawrenceSeptember 3, 2026

RV Group Expands Carolina Footprint

Blue Compass RV Columbia Northeast is the 13th RV dealership owned by Blue Compass in the Carolinas.

Read More →
Photo of two men and one woman on a discussion panel
Industryby Hannah MitchellSeptember 1, 2026

Agent Acumen

An Agent Summit panel of people who’ve been supporting auto dealers for years gave both timely and timeless advice for those starting out or mulling the prospect.

Read More →
Gloved hand holding two wrenches next to “Turn Overdue into Opportunity” Graphic
Industryby Lauren LawrenceAugust 27, 2026

Missed Maintenance Creates Opportunity

As families get back on the road and into daily school routines, service drives have an opportunity to capture customers who are behind on recommended vehicle maintenance.

Read More →
Ad Loading...
Mitsubishi shadow line-up
Industryby Hannah MitchellAugust 25, 2026

Mitsubishi Unveils U.S. Plan

The automaker announced a strategy that includes an expanded lineup and dealership presence, along with more ‘rugged’ and electric models.

Read More →
Photo of a laptop, cellphone and eyeglasses on a desk next to an office window
IndustryAugust 24, 2026

Selling to Grow

The question of whether you should sell your agency and if so, when, is up to you. But it’s a question worth asking to ensure you keep the business on the right path for yourself, employees and clients.

Read More →
Mechanic holding a vehicle diagnostic device while standing above an open car hood
Industryby Hannah MitchellAugust 24, 2026

Recalled Vehicles Hit 5-Year High

Though the number of events has fallen so far this year, impacted units are up significantly. Meanwhile, regulators consider consumer notification changes.

Read More →
Ad Loading...
outside of car dealership with cars parked in front
Industryby Lauren LawrenceAugust 20, 2026

Auto Group Acquires Top-Performing Rooftop

Car Pros sold its Kia Huntington Beach location to Sutherlin Automotive Group, marking the buyer’s third location in Southern California.

Read More →
Cars from the rear on a Shanghai freeway
Industryby Hannah MitchellAugust 19, 2026

China as Pacesetter

Automotive leaders huddled on where North America stands in the global picture and how it can strengthen its position against the Asian juggernaut’s surging industry.

Read More →
Orange BMW car on empty road.
Industryby Hannah MitchellAugust 14, 2026

BMW Concept Car Makes Fuel to Burn

The prototype developed in concert with a South Carolina university engineering team generates more solar energy than it uses in a typical daily commute.

Read More →
Ad Loading...
Six men standing for photo outside of car dealership
Industryby Lauren LawrenceAugust 13, 2026

South Carolina Auto Group Downsizes

Florida-based group Holler-Classic has acquired four rooftops, its first in South Carolina, from Dick Smith Automotive Group.

Read More →
Ad Loading...