Toyota Wins Unintended Acceleration Case

AutoInformed.com

An expensive proceeding for the world’s largest automaker and the Japanese sales leader in the U.S., which is still trying to recover from a massive unintended acceleration recall. 

After deliberating more than four days, a jury in Los Angeles decided that in a 2009 fatal Camry accident the Toyota was not at fault for unintended acceleration. In a  potentially far-reaching product liability case about the design of Toyota vehicles, the jury rejected the claim of the family of Noriko Uno alleging that her fatal accident would not have happened if her vehicle had been equipped with brake override. Instead, the jury found Garo Mardirossian, the driver of the car that hit Mrs. Uno’s Camry, was at fault and he was ordered to pay a $10 million judgment.

In a Toyota engineering lapse of monumental consequences that included needless deaths and injuries, the engine control computer on millions of Toyota vehicles when confronted with both brake and accelerator inputs does not favor the brake input during operation of its electronic engine controls. Such over-ride software is in widespread use at other automakers. Toyota has subsequently fixed this glaring programming defect.

Toyota is taking the unusual step of publicizing the decision in the first case of the so-called Judicial Council Coordinated Proceeding because the lawsuit is thought by the judge in charge to be representative of almost 100 cases pending against the Japanese lawmaker for wrongful deaths and injuries.

The lack of local control by figurehead U.S. executives led to Toyota’s unintended acceleration fiasco when Japanese executives in Toyota City refused to acknowledge the problem and stonewalled what eventually became a recall millions of vehicles, but not before multiple deaths and needless injuries.

In 2010, the automaker agreed to pay $48.8 million as a result of three separate investigations into the automaker’s handling recalls. Toyota paid the fines for violations over pedal entrapment, sticky pedal and steering relay rod safety defects. (Read Toyota Settles Lawsuits for $1.1 Billion and Will Modify Millions of Vehicles with Electronically Controlled Gas Pedals to Stop Runaways)

Toyota has the dubious distinction of paying the largest fine in NHTSA history for covering up its problems with unintended acceleration. Toyota paid a $17.35 million fine in a case that resulted in Congressional hearings and allegations that NHTSA, the U.S. safety agency, was nothing but a “lapdog” of the auto industry. An embarrassed NHTSA has been more vigilant enforcing the regulations since then. (Read More Than 17.8 Million Safety Recalls During 2012 in U.S.)

“Regarding the verdict, we are gratified that the jury concluded the design of the 2006 Camry did not contribute to this unfortunate accident, affirming the same conclusion we reached after more than three years of careful investigation – that there was nothing wrong with the vehicle at issue in this case,” Toyota said in a statement.

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About Ken Zino

Ken Zino, editor and publisher of AutoInformed, is a versatile auto industry participant with global experience spanning decades in print and broadcast journalism, as well as social media. He has automobile testing, marketing, public relations and communications experience. He is past president of The International Motor Press Assn, the Detroit Press Club, founding member and first President of the Automotive Press Assn. He is a member of APA, IMPA and the Midwest Automotive Press Assn. He also brings an historical perspective while citing their contemporary relevance of the work of legendary auto writers such as Ken Purdy, Jim Dunne or Jerry Flint, or writers such as Red Smith, Mark Twain, Thomas Jefferson – all to bring perspective to a chaotic automotive universe. Above all, decades after he first drove a car, Zino still revels in the sound of the exhaust as the throttle is blipped during a downshift and the driver’s rush that occurs when the entry, apex and exit points of a turn are smoothly and swiftly crossed. It’s the beginning of a perfect lap. AutoInformed has an editorial philosophy that loves transportation machines of all kinds while promoting critical thinking about the future use of cars and trucks. Zino builds AutoInformed from his background in automotive journalism starting at Hearst Publishing in New York City on Motor and MotorTech Magazines and car testing where he reviewed hundreds of vehicles in his decade-long stint as the Detroit Bureau Chief of Road & Track magazine. Zino has also worked in Europe, and Asia – now the largest automotive market in the world with China at its center.
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