Owners of SUV suing Toyota

Couple: Pedal stuck, pole hit

By Toby Manthey

Posted: February 23, 2010 at 3:35 a.m.

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LITTLE ROCK — A Maumelle couple has filed a class-action complaint against Toyota Motor Corp., saying their 2006 4Runner struck a pole at a gas station after unintentionally accelerating.

The Japanese automaker has recalled 8 million vehicles for accelerator problems, though 2006 4Runners are not among them.

The suit, filed Friday in Pulaski County Circuit Court, is among some 40 class-action lawsuits filed nationwide related to Toyota’s acceleration problem, said Frank Bailey, an attorney at the firm that represents the couple, Michael and Alicia Teston. A hearing in late March is scheduled in San Diego to see whether the complaints can be consolidated, Bailey said.

Michael Teston believes a defect related to his 4Runner’s electronic throttle system caused the accident, he said Monday.

Gulf States Toyota Inc. said in a letter that it can find no factory defects with his vehicle, court documents say.

A Toyota Motor Corp. spokesman said the company does not comment on pending litigation.

The recalls are addressing sticking gas pedals and floor mats that can interfere with the accelerator.

Teston, a 49-year-old physical therapist, said in an interview that he “sort of suspect[s] that Toyota has a vested interest in not finding a problem” with the 4Runner, adding that recalling all vehicles using its “electronic throttle control systems-intelligent” system would be“extremely costly.”

According to his complaint, Teston was driving his 4Runner on Dec. 13 toward DeWitt on Highway 165. Returning from a duck hunting trip, Teston slowed to turn into an Exxon Mini Mart, and then tried to stop in front of the store.

Instead, the 4Runner accelerated, he said.

“I was trying my best to stop it with the brakes, but I could not stop it,” Teston said.

The complaint said the vehicle slammed into a pole that supports a metal roof above the gas pumps, and the vehicle’s “back wheelswere [still] spinning wildly such that the rear of the car was bouncing up and down off the ground and moving to the right.”

The wheels stopped spinning when Teston put the gear shift in park, yet the engine was still running full throttle, the complaint says, until Teston turned the key to its “off” position.

“Man, it scared me to death,” Teston said Monday. “I had to get out and walk around for a little while to calm down. After walking around for a little bit, I went back and started it up and it ran normal.”

Teston took the vehicle to North Point Toyota, eventually being told by Toyota that “no factory defects were found” and the company was “unable to offer any further assistance.” Teston said the company has said after-market, dealer-installed pedal covers may have contributed to the accident, a contention he disagrees with.

While the 4Runner sustained slight damage from hitting the pole, Teston said, he hasn’t driven the car since an employee of the dealership drove it back to his house.

“This is something that needs to be addressed becausepeople have died with these sudden unintended acceleration issues,” he said. “In my case, had that pole not been where it was, I would have gone through the Exxon Mini Mart. There were people inside that store.”

Teston was to fly to Washington, D.C., Monday night, where he hopes to testify today or Wednesday before the House Energy and Commerce Committee, which is holding meetings on Toyota’s acceleration issues. While not a designated witness, Teston said there may be some time at which the floor will be open for others to speak.

He said he was asked tocome to the meeting by Safety Research & Strategies, a Rehoboth, Mass., company he called for help after Toyota said there was nothing it could do. The organization’s Web site says it provides safety research and advice to attorneys, engineering firms, the government and others, Teston said. Safety Research is paying for his plane ticket, and he’ll pay remaining trip-related expenses, Teston said.

Northwest Arkansas, Pages 7 on 02/23/2010

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