Photo: Toyota
Toyota's first unintended acceleration trial has been dismissed by US District Judge James V. Selna due to jurisdiction issues - it was judged in California and it seems that it should have taken place in Utah.
According to Automotive News (sub. req.), the case was filed by the families of two people who were killed in a Utah accident last year. The suit alleges that the carmaker did not install a brake override system or used other ways to prevent unintended acceleration.
The judge discovered that a federal warranty claim in the lawsuit didn't meet a required threshold of $50,000. The claim was levied to the dealer that handled the vehicle, with the judge ruling that plaintiffs can't use personal injury or punitive damage in a warranty claim, so the case was dismissed.
The plaintiffs' attorney told the aforementioned source that he will send a new complaints that will exclude the dealer as a defendant, thus allowing the seeking of punitive damages.
This lawsuit could be used in the future for testing evidence and theories.
The judge discovered that a federal warranty claim in the lawsuit didn't meet a required threshold of $50,000. The claim was levied to the dealer that handled the vehicle, with the judge ruling that plaintiffs can't use personal injury or punitive damage in a warranty claim, so the case was dismissed.
The plaintiffs' attorney told the aforementioned source that he will send a new complaints that will exclude the dealer as a defendant, thus allowing the seeking of punitive damages.
This lawsuit could be used in the future for testing evidence and theories.
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