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First Toyota sudden acceleration case set to begin

Posted: July 22, 2013 9:00 a.m.
Updated: July 22, 2013 9:00 a.m.
 

LOS ANGELES (AP) — Noriko Uno was afraid of driving fast, often avoiding the freeway and taking the same route every day from her Upland home to and from her family's sushi restaurant. She had put only 10,000 miles on her 2006 Camry in about four years.

So when her car unexpectedly accelerated to speeds up to 100 mph on a street with a posted limit of 30, the 66-year-old bookkeeper did everything she could to slow down, stepping on the brake pedal and pulling the emergency handle as she swerved to avoid hitting other vehicles.

Uno was killed when her car went onto a median and struck a telephone pole and a tree.

Her case is the first to go to trial in a proceeding that could determine whether Toyota Motor Corp. should be held liable for sudden unintended acceleration in its vehicles — a claim made by motorists that plagued the Japanese automaker and led to lawsuits, settlements and recalls of millions of its cars and SUVs.

"Toyota decided to make safety an option instead of a standard on their vehicles," said attorney Garo Mardirossian, who is representing Uno's husband and son. "They decided to save a few bucks, and by doing so, it cost lives."

Toyota has said there was no defect in Uno's Camry. The automaker has blamed such crashes on accelerators that got stuck, floor mats that trapped the gas pedal and driver error. The company has settled some wrongful death cases and agreed to pay more than $1 billion to resolve lawsuits where owners said the value of their vehicles plummeted after Toyota's recalls because of sudden-acceleration concerns.

The Uno trial, starting with jury selection Monday, is expected to last two months. The proceeding represents the first of the bellwether cases in state courts, which are chosen by a judge to help predict the potential outcome of other lawsuits making similar claims.

Other cases expected to go to trial in state courts this year include one in Oklahoma and another in Michigan. There are more than 80 similar cases filed in state courts.

The Toyota litigation has gone on parallel tracks in state and federal court with both sides agreeing to settlements so far. A federal judge in Orange County is dealing with both wrongful death and economic loss lawsuits that have been consolidated. He's expected to give final approval to the economic loss settlement next week.

Federal lawsuits contend that Toyota's electronic throttle control system was defective and caused vehicles to surge unexpectedly. Plaintiffs' attorneys have deposed Toyota employees, reviewed software code and pored over thousands of documents.

Toyota has denied the allegation and neither the National Highway Traffic Safety Administration nor NASA found evidence of electronic problems. A trial in one of the lead cases is scheduled for November.

The Uno trial will likely focus on why Toyota didn't have a mechanism to override the accelerator if the gas and brake pedals are pressed simultaneously in Camrys sold in the U.S. The automaker put the brake override system in its European fleet, Mardirossian said.

Toyota said Uno's vehicle was equipped with a "state-of-the-art" braking system and denied any defect played a role in her death.

"We are confident the evidence will show that a brake override system would not have prevented this accident and that there was no defect in Mrs. Uno's vehicle," the automaker said in a statement about the upcoming trial.

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