As reported by News Channel 8, the first unintended acceleration case against Toyota, also known as a "bellwether" case, involves the death of a 66 year-old woman that failed to control her Toyota Camry when it suddenly sped nearly 100 mph and crashed.
N.U. was known for avoiding the freeway because she didn't like driving fast. She commonly only drove to and from work and had about 10,000 miles on her four year old Camry before she drove into a median, telephone pole and a tree.
The brakes failed, the emergency brake did not stop the vehicle and she was killed.
Depending on the outcome of this bellwether case, Toyota Motor Corporation may be liable for other sudden unintended acceleration cases.
The family's attorney, Garo Mardirossian said, "Toyota decided to make safety an option instead of a standard on their vehicles. They decided to save a few bucks, and by doing so, it cost lives."
Toyota has claimed that there was no fault in N.U.'s vehicle – instead it was either a sticking gas pedal, shifting floor mats under the pedals or driver error.
The company has paid over $1 billion in other lawsuits claiming that the negative press about the sudden acceleration problem has devalued their vehicles, and some of those cases were also wrongful death lawsuits.
There are over 80 other cases, similar to N.U.'s, that have been filed in other states, including Oklahoma and Michigan. More cases are being heard in Orange County, where the judge is consolidating the wrongful death and economic loss lawsuits together.
Toyota employees have been deposed in federal lawsuits that had argued that a defect in the electronic throttle control system is the culprit. Attorneys for the plaintiffs have reviewed software coding and documents.
Toyota had continued to deny allegations against their operating systems.
The National Highway Traffic Safety Administration and NASA have found no evidence of electronic problems.
It is expected that Toyota's "state-of-the-art" braking system was defective and failed to have an overriding mechanism in case both the gas and brake pedals are depressed at the same time.
Toyota issued this statement, "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. (N.U.'s) vehicle."
G.K., a professor of law at University of Southern California, commented, "If the plaintiff succeeds in convincing a jury it wasn't human error, that it was attributed to the car, I think they have a strong case. Jurors, as drivers, are likely to believe strongly that cars shouldn't become uncontrollable in this way."
N.U.'s family is requesting a trial by jury and is claiming product liability,
negligence, general and punitive damages.
Mardirossian added, "Imagine her strapped into her Toyota Camry driving 100 mph knowing the next move would be fatal. She saved many lives by veering off into that center median knowing that death was near."
Whether you have lost a loved one in a speeding Toyota, or another type of wrongful death, contact a personal injury lawyer today!