TodayApril 16, 2022

Class Action Lawsuit for Expansion of Toyota Recalls

REDLANDS, Calif., Feb. 5 /PRNewswire-USNewswire/ — The law firm of McCuneWright, LLP has filed for a preliminary injunction in United States District Court, Central District of California seeking an immediate order requiring Toyota to expand the Sudden Unintended Acceleration recalls.

McCuneWright, which filed the first and leading class action lawsuit against Toyota to force the automaker to remedy the sudden unintended acceleration defects in all affected makes and models, is asking the court to issue a specific order requiring Toyota to provide a brake over-ride system on all Toyota models equipped with Electronic Throttle Control System — intelligent (“ETCS-i”) that have experienced significant numbers of sudden acceleration events.

The brake override system is a failsafe system that enables the onboard computer to detect when both the throttle and the brake are being activated simultaneously, recognize that there is an error in the signals it is receiving, and immediately return the throttle to idle. It is an important failsafe system used by other vehicle manufacturers to keep a sudden unintended acceleration event from turning into a runaway vehicle with resulting crashes, injuries, and deaths.

Toyota has recently announced that it will install this important safety device on all new Toyota and Lexus vehicles. In it’s November 26, 2009, recall, Toyota also announced that it would retroactively install this important safety device on just six existing models and further limited the recall to only recent model years — 2007 — 2010 Toyota Camry, 2005 — 2010 Toyota Avalon, 2007 — 2010 Lexus ES 350, 2007 2010 Lexus GS 350, 2006 — 2010 Lexus IS 250, and 2006 2010 Lexus IS 350.

The preliminary injunction motion asserts that by limiting this brake over-ride system recall to recent model years for just six vehicle models, Toyota has left more than 75 percent of the affected models and model years out of this important recall.

“Toyota cannot justify limiting this important recall to models and model years that include less than 25 percent of the reported sudden acceleration problems,” says Richard McCune, a partner at McCuneWright, LLP. “Toyota has identified an important solution to this problem and it has a duty to it’s customers and to public safety the apply it to all the Toyota vehicles. Toyota shouldn’t wait until there’s another deadly crash.”

On November 5, 2009, McCuneWright filed the first and leading class action on sudden unintended acceleration, Choi, et. al. v. Toyota Motor Company, et. al. CV 09-08143 AHM (FMOx), in United States District Court, Central District of California. The preliminary injunction and supporting exhibit’s can be found on the Court’s website or is available at

Partners Richard McCune and David Wright are available for interview and comment on the motion for preliminary injunction.

Lou Ann Hammond

Lou Ann Hammond is the CEO of Carlist and Driving the Nation. She is the co-host of Real Wheels Washington Post carchat every Friday morning and is the Automotive, energy correspondent for The John Batchelor Show and a Contributor to Automotive Electronics magazine headquartered in Korea. Hammond is a founding member of the Women's World Car of the Year #WWCOTY, and board member of the Women in Automotive.