Toyota won two out of four of his decisions, but U.S. District Judge James Selna ruled that Toyota still must go to trial for an unexpected-acceleration case filed in federal court, according to a report by Bloomberg.
Judge Selna threw out manufacturing defect and negligence claims but affirmed his earlier tentative decision to allow a claims based on alleged design defects and a failure by Toyota to warn Camry drivers about known dangers to proceed to trial. ”Plaintiff has raised triable issues of fact that would allow a reasonable jury to find in his favor,” the judge said in his written ruling. In 2009, Ida Starr St. John, then 83 years old, was hurt when her 2005 Camry crashed. St. John has since died and her family is pursuing the litigation. This is the first personal injury and wrongful death case to go to trail over Toyota’s supposed unintended acceleration of those cases already consolidated in federal court.
The lawsuits were sparked by Toyota recalls in 2009 and 2010 and the company has already settled economic loss claims with a ~$1.6 billion agreement. St. John’s ’05 Camry was not subject to any of those recalls.