Toyota seeks to dismiss acceleration lawsuits
A federal judge in California “will consider a motion by Toyota Motor Corp. to dismiss lawsuits that claim there are sudden acceleration defects in its cars.” (AP Santa Anna, California, 11/19). This hearing is in the wake of a fatal crash in Utah, likely due to a faulty Toyota Camry.
Toyota seeks to have hundreds of class action lawsuits dismissed arguing “the plaintiffs have been unable to prove that a design defect, namely its electronic throttle control system, is responsible for sudden acceleration problems.”
As a personal injury and products liability attorney in Chicago with experience in auto accidents, I am hopeful that the federal judge will allow the suit to continue and allow the plaintiffs to prove the design defect. A motion to dismiss is appropriate only where the plaintiff has plead no facts upon which relief can be granted.
Bookmark: 
