#Lawsuits

The first wrongful death lawsuit concerning the sudden acceleration of Toyota cars to go to trial has started with opening arguments. According to Bloomberg, the lawyer for Noriko Uno’s family said that Toyota knew that their gas pedals could get stuck and that the company was liable for her death because Uno’s 2006 Camry did not have a brake override system. The Toyota that Uno, 66 at the time of her death, was hit by a car that ran a stop sign. Her Toyota subsequently accelerated down the wrong side of the road for 30 seconds before hitting a tree, causing her death.

Noriko Uno was killed in 2009 when her 2006 Toyota Camry sudenly accelerated to 100 MPH, resulting in her leaving the roadway and hitting a telephone pole and a tree in the median. Today, jury selection begins in a California lawsuit filed by her survivors.

A U.S. District Court judge gave final approval of the settlement of a lawsuit filed against Toyota on behalf of owners of Toyota vehicles who claimed that the car maker’s recalls related to unintended acceleration caused their cars to depreciate in value.

A proposed consumer protection class action lawsuit has been filed in U.S. District court in California over the MyFordTouch (and similar systems in Lincoln and Mercury vehicles) system.

The Audi “Unintended Acceleration” debacle of 1986, which whacked American Audi sales by about 75% within a few years, makes the 1982-86 Audi 5000 an historically significant Junkyard Find. The 60 Minutes piece about the 5000’s allegedly malevolent behavior turned the car’s image from masterpiece of aerodynamic science to bloody-clawed multiple murderer, with predictable effects on resale value for existing cars. This means that the 5000 of the Unintended Acceleration era that managed to stay on the good side of The Crusher until 2012 is a survivor of astonishing tenacity.

For decades, I’ve been seeing Ford-family vehicles with ugly, pointless warning labels stuck to their instrument panels: Unexpected and possibly sudden vehicle movement may occur if these precautions are not taken. I’d always assumed that these were ex-rental cars, but after I mentioned the warning stickers in this week’s ’75 Ford Maverick Junkyard Find post, several readers pointed out that the stickers were the result of Malaise Era litigation. Of course!

The Porsche-Piëch clan, ca. 1942. Grandfather Ferdinand Porsche, brother Ernst Piëch, sister Louise Piëch and mother Louise Piëch-Porsche. Ferdinand Piëch (nicknamed "Burli") is sitting in the grass on the left.

Volkswagen does not own Porsche yet. For all intents and purposes, however, Porsche is part of Volkswagen. Volkswagen executives give orders from Porsche board seats. Porsche engineers need to consult Volkswagen Group R&D departments. Insular solutions at Porsche require a written permission from Wolfsburg.

“Actually, Piech and his minion, Volkswagen CEO Martin Winterkorn, could leave it at that. The integration of both enterprises has progressed so far, that is does not make a difference whether Porsche morphs into a Volkswagen division, or remains legally independent.

Actually.”

Why are Volkswagen and Porsche living together, but are not married? Because VW is worried about the outstanding lawsuits brought against Porsche by irate investors. Now suddenly Volkswagen lost that protection. Lawsuits are piling up right in front of Volkswagen’s own doorstep. At the court in Braunchweig, 20 miles away from Wolfsburg, billion dollar lawsuits are snowballing at an alarming rate.

Lawyers would have to do pro bono work, or subsist on doing divorces and writing wills, would it not be for Toyota. Toyota’s contribution to the world of jurisprudence is immeasurable. They are in a drawn-out lawsuit against their own (former) lawyer. And they are named in more than 300 federal and state lawsuits including proposed class actions over allegations that the vehicles suddenly accelerated and couldn’t be stopped. Toyota is trying to put the brakes on that.