First Toyota Sudden Acceleration Trial Set for February 2013

Toyota won't face the first trial in federal court over sudden-acceleration problems in its vehicles until February 2013, according to a judge ruling late last week. The first trial is set for February 19, while a second is scheduled for May 21 of the same year. The first one will take the form of a injury/wrongful death case, and centers around the a Toyota Camry involved in a crash that resulted in two fatalities in Utah.

The first court date - filed under Van Alfen v. Toyota Motor Sales U.S.A. - would address claims by the families of two people killed in a November 5, 2010, crash. Paul Van Alfen died when his 2008 Toyota Camry crashed into a wall, while passenger Charlene Lloyd died the following day.

The court said it hasn't yet decided "whether one of the first two bellwether cases should be some form of economic-loss class action."

"The conduct of a trial in the first quarter of 2013 will markedly advance these proceedings," said U.S. District Court Judge James V. Selna in a posting on his court's Web site. "The court believes that selection of a personal injury/wrongful death case in (sic) most the likely type of case to meet that goal."

Last week Judge Selna also ruled that owners of California-bought and Toyotas have the right to claim damages under the state’s favorable consumer-protection laws.

"We are pleased that the initial bellwether will address plaintiffs' central allegation of an unnamed, unproven defect in Toyota vehicles, as every claim in the (multi-district litigation) rests upon this pivotal technical issue," said Celeste Migliore, a Toyota spokesperson, to Inside Line. "In our view, a decision on this core claim and the related causation issues will greatly speed the entire MDL. We remain confident that scientifically reliable and admissible evidence will demonstrate that no defect exists in our electronic throttle control systems."