New York, Florida and Minnesota Families File Suit Against Toyota for Deaths of Loved Ones In Sudden Acceleration Accidents

March 11, 2010, Los Angeles, CA -- Robert J. Nelson of the national plaintiffs' law firm Lieff Cabraser Heimann & Bernstein, LLP, announced that three separate families, from New York, Florida and Minnesota, have filed lawsuits seeking general and punitive damages against Toyota Motor Corporation for the wrongful deaths of their loved ones.

"The complaints charge that Toyota for years was aware that its vehicles were susceptible to sudden unintended acceleration, leading to fatal accidents," stated plaintiffs' counsel Robert J. Nelson. "Yet, Toyota never made any significant changes to improve the acceleration and electrical systems of its vehicles, in spite of the availability of safe and inexpensive modifications."

Description of the Three Fatal Toyota Sudden Acceleration Accidents

• Dawn Hanna, Age 26, Minnesota (Los Angeles, California accident)

Prior to her death, Dawn Hanna, from Minnesota, was in excellent physical condition. She was an active and vibrant young lady working as the Manager of Sales Development for a sports management company in Los Angeles. She was also an avid athlete and enjoyed running, hiking and other sports.

On June 19, 2009, at approximately 11:50 a.m., Dawn Hanna was the belted driver of the subject 2005 Toyota Camry. She was driving at a safe rate of speed, proceeding northbound on I-405 in Los Angeles, California, south of Sepulveda Boulevard.

The Camry suddenly accelerated and Ms. Hanna was unable to stop the vehicle as it raced out of control, weaving through traffic on the busy freeway. The Camry clipped the car in front of it, swerved to the left, and ultimately accelerated into the path of a semi-tractor trailer. The Camry became entangled with the semi, and was slammed against the median wall.

The momentum of the semi dragged the Camry against the median wall before it came to rest. Ms. Hanna suffered multiple traumatic injuries and was pronounced dead at the scene of the incident.

• Jonathan Senger, Age 26, Florida

Prior to the accident that claimed the life of her son, Jonathan Senger, Lorrie Krieger of Florida complained about a sudden unintended acceleration incident to the Lexus dealership where she had purchased a 2000 Lexus GS 400. Specifically, she called Lexus of Clearwater, Florida and stated that the subject Lexus was out of control, its tires squealed, and that it was almost like the throttle was wide open.

Ms. Krieger told the Lexus dealership that the car almost killed her. It was further reported that the vehicle was racing and that the throttle was sticking. The Lexus dealership replaced the throttle body and assured her that there would be no further problems.

There were no further incidents until August 17, 2007. On that date, at approximately 1:25 p.m., Jonathan Senger was driving his mother's vehicle, her 2000 Lexus GS 400. He was driving at a safe rate of speed, proceeding westbound on Curlew Road in Dunedin, Florida.

The Lexus suddenly accelerated at a high rate of speed and Mr. Senger was unable to stop the vehicle as it sped through the intersection of Belcher Road. The Lexus accelerated through a red light, crossed the lane into oncoming traffic, and collided head-on with a Saturn SUV that was waiting in the left hand turn lane facing eastbound on Curlew Road at the intersection of Belcher Road. As a result of the collision, Jonathan Senger, suffered multiple traumatic injuries and eventually died.

• Nancy Fox, Age 41, New York

Prior to her death, Nancy Fox was a single mother raising a special needs child, her son Sean, who was been diagnosed with Autism. On December 12, 2008, at approximately 5:00 p.m., Nancy Fox was the belted driver of the subject 2004 Toyota Matrix. Her five-year-old son, Sean, was in the back seat, properly strapped into his child car seat.

Ms. Fox was driving at a safe rate of speed, proceeding westbound on Route 17K in Orange County, New York. The Toyota suddenly accelerated and Ms. Fox was unable to stop the vehicle as it careened out of control -- first crossing into the eastbound lane and the eastbound lane shoulder, then up on to the embankment of that lane.

The vehicle, still accelerating out of Ms. Fox's control, then collided with a utility pole in a side swipe manner, traveled across the lawn of a residence, and overturned and collided with brush and small trees, coming to rest on the roof of the vehicle. As a result of the accident, Nancy Fox suffered multiple traumatic injuries and eventually died. Her son Sean survived the accident, but suffered injuries, including profound emotional pain from the death of his mother.

Allegations Against Toyota

The complaints charge that beginning in the late 1990s, Toyota manufactured, distributed and sold vehicles with an electronic throttle control system ("ETC"), including the vehicles which are the subject of each case. Unlike that of traditional throttle control systems, where a physical linkage connects the accelerator pedal to the engine throttle, in the ETC system, the engine throttle is controlled by electronic signals sent from the gas pedal to the engine throttle. A sensor at the accelerator detects how far the gas pedal is depressed and transmits that information to a computer module which controls the engine throttle.

Toyota's ETC system fails to include a failsafe measure, known as brake-to-idle override, that is in use by other vehicle manufacturers. The brake-to-idle override instructs the ETC system to automatically reduce the engine to idle whenever the brakes are applied without success.

"The complaints charge that the lack of the brake-to-idle override failsafe in Toyota vehicles played a direct role in the deaths of each loved one," commented Mr. Nelson.

Status of the Cases

The complaints submitted by the parents of Dawn Hanna and the mother of Jonathan Senger were filed on March 10, 2010 in federal court in Los Angeles, as two of the primary defendants, Toyota Motor North America, Inc. and Toyota Motor Sales, Inc., are both California corporations with their headquarters located in Los Angeles. The complaint submitted by the grandmother and guardian of Sean Fox was filed today in federal court in the Southern District of New York, where the plaintiff lives.

Each complaint seeks general damages as well as punitive damages against Toyota for its failure to recall its vehicles due to a known, significant safety defect and refusal to take any steps to prevent sudden unintended acceleration accidents in order to increase its profits.

Legal Resources for Drivers and Passengers Injured in Toyota Sudden Acceleration Accidents

Lieff Cabraser represents persons across America injured in accidents involving Toyota and Lexus vehicles that suddenly accelerated. If you would like to learn more about your legal rights please visit our Toyota and Lexus Sudden Acceleration Accidents information page or call us toll-free at 1-800-541-7358 and ask to speak to attorney Todd Walburg. There is no charge or obligation for our review of your case.

About Lieff Cabraser

Lieff Cabraser Heimann & Bernstein, LLP, is a sixty-plus attorney law firm that has represented plaintiffs nationwide since 1972. We have offices in San Francisco, New York, and Nashville. Lieff Cabraser has a comprehensive and diverse practice, which includes representing persons injured and families of loved ones who died in auto accidents. Since 2003, The National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation. Learn more at www.lieffcabraser.com.

Source | Contact

Robert J. Nelson
Lieff Cabraser Heimann & Bernstein, LLP
415-956-1000