LOS ANGELES — Toyota Motor Corp. is using a new NASA study finding no fault with its electronics as evidence that an unintendedacceleration class-action suit against it should be dismissed.
In a filing in federal court in Santa Ana, Calif., last week, the automaker argued that the study, conducted at the request of the National Highway Traffic Safety Administration and released Feb. 8, was proof that its vehicles have no defects and that therefore the class-action suit is without merit.
“Plaintiffs are chasing a phantom theory of defect that ... NASA and NHTSA, after an extensive investigation, jointly confirmed does not exist,” Toyota outside counsel Lisa Gilford wrote in a motion filed last week.
She asked U.S. District Judge James Selna to dismiss the suit, which consolidates scores of claims from Toyota and Lexus owners alleging that the presence of defects in their vehicles negatively affected the vehicles’ value.
This is the second time Toyota has sought dismissal of the economic damages suit. In November, Selna refused to drop the allegations based on the evidence present by Toyota at the time; in December, he also turned down a motion by Toyota to dismiss personal injury and death claims related to sudden-acceleration claims.
By holding up the NASA study and a companion NHTSA report in court, Toyota appears to be using the government’s research not only to help clear its name with the public but also to help it climb out from under its legal problems.
Business, Pages 50 on 02/20/2011