Judge Refuses to Dismiss Suits Against Toyota, Charging BrakeDefects

A federal judge in Santa Ana, Calif., has refused to dismiss about a dozen cases charging that Toyota failed to inform consumers about a defect in the antilock braking systems of certain Prius and Lexus models.

U.S. District Judge Cormac Carney ruled that the plaintiffs had established enough evidence to proceed under California's Unfair Competition Law and Consumers Legal Remedies Act as well as the implied warranty laws of various states.

The case was filed last February after Toyota recalled 150,000 Priuses and Lexus HS-250h models from the 2010 model year because of a defect in their antilock braking systems.

The suits claim that Toyota refused to repair the alleged defect. Furthermore, they say, Toyota knew about the alleged defect as early as 2004.

The claims were brought on behalf of consumers who bought or leased a 2004 to 2009 Prius, 2006 to 2010 Highland Hybrid, 2006 through 2008 Lexus RX 400h, or 2010 Lexus RX 450h. The suits allege that the antilock braking systems do not engage properly, causing drivers to take longer to stop.

The results included accidents that cost plaintiffs "several thousand dollars worth of damage to their cars and other's cars," according to Carney's order.

At the time of the Feb. 9, 2010, recall, ConsumerAffairs.com reported that, although the recall was limited to 2010 models, owners of Priuses from other model years had reported similar problems.

“From day one I have noticed the brakes do not work properly,” Lisa of South Salt lake, Utah, said. “At first I thought it was just a terrible car for rain or snow but it was having problems in the slightest rain shower.

“Now that I'm aware of the brakes slipping I've noticed it's every day, the roads will be perfectly dry, I have brand new tires, the brake pads just barely checked at the dealer, but if I hit a bump I have no brakes,” she said.

Toyota said it would update software in the vehicles' anti-lock brake system. The ABS, in normal operation, engages and disengages rapidly as the control system senses and reacts to tire slippage.

The brake problem recall came on top of the highly-publicized “sudden acceleration” recall that prompted Toyota to not only recall eight popular models of its cars, but to temporarily suspend their sale in the U.S.

Responding to Judge Carney's ruling, Toyota spokesman Brian Lyons said: "We are confident Plaintiffs will be unable to introduce evidence that actually proves the allegations in their complaint that the Court relied on in denying Toyota's motion."
Sudden acceleration

Another case in the Santa Ana court involves more than 200 claims associated with unintended acceleration. On Nov. 19, U.S. District Judge James Selna refused to dismiss economic damages claims brought by consumers against Toyota and, on Dec. 8, refused to dismiss claims that the alleged defect caused injuries or death.