Since the first of its series of recalls last fall that involved eight million vehicles for acceleration and brake problems, more than 320 lawsuits have accumulated in federal and state court against Toyota Motor Corp.
In a report filed with U.S. District Judge James Selna, attorneys for the plaintiffs and Toyota listed 228 federal cases and 99 related cases in state courts. A judicial panel consolidated the federal cases before Selna last month.
Selna’s court is in Orange County, California, near Los Angeles and close to Toyota’s U.S. headquarters. The next court date in the case is scheduled for May 13.
Toyota said the acceleration problems were caused by faulty floor mats and sticky accelerator pedals. Some plaintiffs also claim there’s defect with Toyota’s electronic throttle control system.
Plaintiffs are alleging injury and death due to the sudden acceleration as well as breach of warranty, fraud and economic injury because the values of their vehicles plummeted after the recalls. A key early decision in those cases is whether to establish millions of similar Toyota owners as a single class, meaning all would be affected by a potential damages award or settlement. In the documents filed Friday, Toyota says that drivers who haven’t experienced any malfunctions shouldn’t be included in the class.
Attorneys estimate if Toyota were to settle the cases for even a modest payout to affected motorists, it could cost the company at least $3 billion.
Toyota already has paid a record $16.4 million fine to the National Highway Traffic Safety Administration, which linked 52 deaths to acceleration problems.