West Palm Beach, Florida Personal Injury Lawyers
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RECALLED TOYOTA LAWSUIT
WEST PALM BEACH — Joining dozens of attorneys throughout the nation, a West Palm Beach lawyer on Wednesday filed a lawsuit against Toyota Motor Corp., seeking at least $5 million for those who bought vehicles that are now being recalled because the accelerators stick.
In the lawsuit filed in U.S. District Court, attorney Brian Smith accuses the beleaguered auto giant of fraud and deceit.
"Toyota concealed facts relating to the accelerator pedal mechanism," Smith charges in the lawsuit. "Toyota took steps to prevent these facts from becoming known to the general public."
Filed on behalf of West Palm Beach resident Andrea Heilbrunn, who owns a 2009 Toyota Corolla LE, Smith is seeking class-action status for the suit. That would enable him to represent millions who were affected by the recall that was announced last week.
Toyota, which reports $270 billion in annual revenue, should be forced to surrender money it made by not being honest with consumers, he claims. Car buyers have suffered the loss of the resale value of their vehicles and the time and aggravation of having them fixed. Many might not have bought the cars had Toyota revealed problems that some say surfaced a decade ago.
Further, he said, car buyers can't be confident that the problem has been resolved. In a September recall, Toyota claimed floor mats were to blame.
"Our concern is that this isn't really a fix," he said. "It's the second or third explanation we've been given. Consumers are scared, they're frustrated, they want answers."
Other attorneys who specialize in class action lawsuits said Smith has his work cut out for him. It would be easier recovering money for the families of the 19 people who were killed in accidents some safety experts blame on the sticky pedals, said attorney Ted Babbitt.
He also questioned what kind of damages are suffered by people whose cars are ultimately fixed at no cost. Getting a lawsuit certified as class action isn't easy, he added. "It's a very high hurdle," he said. "We call it the 500-pound gorilla."
Smith said he is confident he would be able to clear that bar. "It's a consumer protection lawsuit," he said.
Toyota officials declined comment on the lawsuit, saying it's company policy not to comment on pending litigation.
*** If you or a family member owns a Toyota that is subject to the recall, please feel free to contact a West Palm Beach attorney at our office at (800) 443-4529 or (561) 684-6330 to discuss how we may be able to assist you. Or fill out the form on the left side of this page and your inquiry will be sent by e-mail to our office.