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Leading Coral Gables-based trial law firm Colson
Hicks Eidson filed a class action complaint in the U.S. District
Court for the Southern District of Florida on March 3rd on behalf of
Plaintiffs: Sharlene Cohen-Goldberg, Tiffany Jones, Thelma Reid and
other Florida and national class members and similarly situated
Plaintiffs against Defendants: Toyota Motor Sales, U.S.A., Inc.; Toyota
Motor Corporation and their affiliates, the firm announced today. The
complaint alleges the Defendants knowingly designed, manufactured,
distributed and sold certain automobiles equipped with the Electronic
Throttle Control System with Intelligence (ETCS-i) that is defective and
can cause sudden unintended acceleration (SUA) of the vehicle engine.
Lewis
S. “Mike” Eidson, founding partner at Colson Hicks Eidson, will
serve as lead counsel on behalf of the Plaintiffs. A nationally
recognized authority on automotive recalls, Eidson, at age 29, and his
partners, tried and won the first case alleging that the Ford Pinto
fuel system was defective. He was also involved in the Chrysler
Minivan latch case that led to the recall of 4 million vehicles, and
was national co-lead counsel in the Ford Explorer/ Firestone tire
litigation.
According to the suit, the Plaintiffs allege that Toyota and Lexus
vehicles equipped with the ETCS-i are defective and unsafe and are
susceptible to incidents of sudden unintended acceleration rendering
such vehicles uncontrollable. The Plaintiffs further allege that the
Defendants failed to incorporate important failsafe measures critical to
assisting a driver in maintaining control of the vehicle during a sudden
unintended acceleration event. One such failsafe measure is a computer
algorithm that will direct the ETCS-i to automatically reduce the engine
to idle when the brakes are being applied while the throttle is in an
unintended open position. This measure, also referred to as
“brake-to-idle” algorithm or simply “brake over-ride”, has been
incorporated by other automobile manufactures in vehicles designed with
electronic throttle control for years. According to the suit, brake
override will eliminate sudden unintended acceleration problems
regardless of the cause and many other manufacturers already incorporate
this feature in their vehicles. Toyota has announced that it will
incorporate brake override in its vehicles beginning with the 2011 model
year.
Since the introduction of ETCS-i, more than 2,600 complaints of sudden
unintended acceleration have been made to the Toyota Defendants and
government agencies. According to the suit, ETCS-i has resulted in
automobile accidents causing more than 34 deaths and hundreds of
accidents and injuries over the past decade and these numbers are likely
underreported. More than six million vehicles have been recalled by
Toyota.
“Toyota was fully aware of the recurring problem of sudden unintended
acceleration in their Toyota and Lexus vehicles equipped with ETCS-i and
the serious risk of injury or death that it presented to drivers of
these vehicles and they continued to manufacture and sell the cars,”
says Eidson. “This action seeks to hold Toyota accountable for damages
sustained by Toyota owners and to force Toyota to take appropriate steps
to eliminate sudden unintended acceleration in its vehicles.”
For more information call 305.476.7400 or visit www.colson.com.
About Colson Hicks Eidson
The Coral Gables-based law Firm of Colson Hicks Eidson is a trial firm
with more than 40 years of experience handling local, national and
international litigation. Partners at the firm have also had the
distinction of holding the following offices: President of the
60,000-member Association of Trial Lawyers of America; President of the
International Academy of Trial Lawyers; President of the Academy of
Florida Trial Lawyers; President of the Dade County Bar Association;
Untied States Attorney for the Southern District of Florida and Chairman
of the Florida Federal Judicial Nominating Commission. For more
information, visit www.colson.com.
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