Toyota to face acceleration trial in 2013

Toyota Motor Corp will face the first test trial in February 2013 of lawsuits combined in federal court that claim a defect causes the company’s vehicles to speed up uncontrollably, a judge said.

US District Judge James V Selna in Santa Ana, California, said in a ‘tentative order’ posted on his court’s website that the first bellwether trial would be of claims by the families of two people killed in a November 5, 2010, crash in Utah. Paul Van Alfen died when his 2008 Toyota Camry crashed into a wall. Passenger Charlene Lloyd died the next day.

Toyota, the world’s largest automaker, recalled millions of US vehicles starting in 2009, after claims of defects and incidents involving sudden unintended acceleration. The recalls set off hundreds of economic-loss suits and claims of injuries and deaths.

“The conduct of a trial in the first quarter of 2013 will markedly advance these proceedings,” said Selna, who is overseeing most of the federal suits. “Selection of a personal injury/wrongful death case” is most likely to “meet that goal,” he said.

A bellwether case is used by the court and lawyers for both sides to test evidence and liability theories before moving on to other trials or limiting future litigation.

Selna picked the Van Alfen case from six submitted by lawyers for the company and plaintiffs.

TRIAL IN 2013
“My overriding goal is to ensure that we try the first bellwether case in the first quarter of 2013,” Selna said on Saturday at a hearing.

Lawyers for both sides said at the hearing that they were satisfied with Selna’s choice. Van Alfen was on the list of three cases submitted by the plaintiffs’ attorneys.

“The Van Alfen case is a good candidate for a first trial,” said Joel Smith, Toyota’s lawyer. “We’re fine with that.”

Van Alfen’s wife and son were injured in the 2010 crash and are suing as well. The families say the accident happened when the vehicle unexpectedly accelerated as Van Alfen pulled onto an exit ramp on I-80 near Wendover, Utah, and didn’t stop even after he slammed on the brakes.

The Camry was defective and the Toyota City, Japan-based carmaker failed to include a brake override system or device to stop inadvertent acceleration, the families maintain.

CASES COMBINED
Lawsuits were combined before Selna in a multidistrict litigation for evidence-gathering and pretrial rulings.

Toyota’s recalls began in September 2009 with an announcement that 3.8 million vehicles might have a defect making floor mats jam the accelerator pedal. In January 2010, the company recalled 2.3 million vehicles to fix sticking gas pedals.