Toyota to enter US settlement talks

Written By Unknown on Sabtu, 14 Desember 2013 | 17.52

Toyota is entering settlement talks on US lawsuits that allege sudden unintended acceleration. Source: AAP

AFTER a four-year legal battle, Toyota is entering settlement talks on nearly 400 US lawsuits that allege sudden unintended acceleration problems with its vehicles led to deaths and injuries.

Joint motions filed late on Thursday in US District Court in Santa Ana and Los Angeles County Superior Court indicated both sides would begin an "intensive settlement process" next month.

The Japanese automaker, which has recalled millions of cars since 2009 over the acceleration issue, agreed to the negotiations to make resolving the cases more efficient, spokeswoman Carly Schaffner told The Associated Press on Friday.

"We continue to stand behind the safety and quality of our vehicles," she said.

Cases that don't settle after a two-stage mediation process will go back to court for trial, said plaintiffs' co-lead counsel Mark Robinson Jr., but most of the 375 claims will likely get resolved.

"It's not practical to try all these cases," he said. "You've got two chances to get your case settled and if you're a plaintiff, at least you're not just sitting in some file in the courthouse."

The settlement negotiations come less than two months after an Oklahoma jury awarded a total of $US3 million ($A3.37 million) in damages to the injured driver of a 2005 Camry and to the family of a passenger who was killed.

The ruling was significant because Toyota had won all previous unintended acceleration cases that went to trial. It was also the first case where lawyers for plaintiffs argued that the car's electronics - in this case the software connected to the Camry's electronic throttle-control system - were the cause of the unintended acceleration.

At the time, legal experts said the Oklahoma verdict might cause Toyota to consider a broad settlement of the remaining cases. Until then, Toyota had been riding momentum from several trials where juries found it was not liable.

Robinson said lawyers for plaintiffs had been discussing a streamlined settlement process with Toyota before that verdict, but the Oklahoma case "couldn't have hurt" those talks.

Toyota has blamed drivers, stuck accelerators or floor mats that trapped the pedal for the acceleration claims that led to the big recalls of Camrys and other vehicles. The company has repeatedly denied its vehicles are flawed.

No recalls have been issued related to problems with onboard electronics. In the Oklahoma case, Toyota lawyers theorised that the driver mistakenly pumped the gas pedal instead of the brake when her Camry ran through an intersection and slammed into an embankment.

Sean Kane, president of Massachusetts-based Safety Research & Strategies, said the Oklahoma verdict likely moved Toyota to the negotiating table because it targeted electronics.

"Nobody did until that case and they got hammered - and they got hammered in a conservative venue," said Kane, who researches consumer safety in motor vehicles for plaintiff lawyers and has been closely following the Toyota litigation.

"The evidence that came out in that trial has attracted global attention that is remarkable," he said.

After the verdict, jurors told AP they believed the testimony of an expert who said he found flaws in the car's electronics. They also pointed to 50 metres of skid marks on the road as evidence the driver was desperately trying to brake.

"What makes the accelerator open? The computer," juror Vickie Potter said after the verdict.


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