Sudden Acceleration Case, Resulting in Four Deaths, Settled in Secret

As reported by the Chicago Tribune, Toyota Motor Corp. settled a widely publicized  lawsuit identifying "sudden acceleration" as the culprit in the wrongful death of four people last year in San Diego.

The case that led to massive recalls, and an apology from the president of Toyota Motor Corp, has ended with a settlement only revealed in a letter to a California Superior Court judge, and the families of the deceased.  

Toyota Corp. prefers to keep the details of the settlement's terms confidential. The corporation is now targeting a strategy to defend itself from other, less high profile, lawsuits. 

Bob Baker Lexus, the dealer that leant the Lexus ES to California Highway Patrol officer Mark Saylor in August of 2009, was conspicuously left out of the settlement. The Tribune states that laying blame for sudden acceleration incidents away from the manufacturer could "set the stage for a potentially bloody fight" between Toyota and its own dealers.

Larry Willis, attorney for Bob Baker Lexus, said, "Toyota has sought to protect only its own interests. They decided to cut out their own dealer."

Officer Saylor, his wife, 13 year-old daughter and brother-in-law were all killed when the Lexus ES sedan sped out of control and crashed over an embankment. 

Willis is arguing that the crash may have been caused by a defect in the car's electronic system, while investigators believe it could have been an improperly installed floor mat.

There have been hundreds of suits filed in the last year against Toyota for sudden-acceleration problems.  This suit, filed by Saylor's parents, and his wife and her brother's parents, was thought to be the most dramatic.

Don Slavik, attorney for the plaintiffs in both federal and state court said, "Until they got rid of this case, it was going to be something everyone pointed at Toyota for.  Now they're going to argue this was the dealer's fault alone and their cars aren't defective."

Congressional hearings, multiple federal investigations and record fines have been lodged against the dealer.

The settlement in this case was made in early June. A statement from the automaker reads, "Toyota and the Saylor and Lastrella families reached an amicable agreement in mediation that fully resolves their product liability claims against Toyota."

Toyota is expected to file motions with Superior Court Judge Anthony Mohr that will disclose the settlement, and also ask that the details remain confidential.  Willis is planning on opposing the terms as, "Our concern is that the dealership's interests have not been protected by Toyota."

A person that wishes to remain anonymous, that was privy to the settlement's mediation, reported that plaintiffs requested no less than $10 million.

The automaker, and the dealers, has been named as co-defendants in dozens of other personal injury lawsuits that are all being consolidated in the U.S. District Court of Santa Ana.

Toyota has sought to have the federal complaints dismissed for class-action status as they have failed to identify any one electronic defect that could be responsible for the sudden acceleration problem.

The claim of negligence against Bob Baker Lexus has not been dropped per Willis.

A Los Angeles attorney that represents dealerships, Aaron Jacoby, stated, "There is usually a standard of cooperation, but Toyota is not fighting just one case. There is a lot of money at stake. It absolutely means that other dealers should be very careful going forward."

If you, or your loved ones, have suffered an injury or wrongful death due to a motor vehicle's defectiveness, contact a Personal Injury Attorney in our directory for assistance.