Toyota: Where's there's smoke, there's fire

Toyota: Where's there's smoke, there's fire

The Toyota cases just keep on going - like that rabbit with the battery - it just doesn't quit.


In the latest round, Toyota filed papers in federal court in California asking the court to basically throw out the cases, denying that there was any real defect at all which could cause the runaway accelerator defect that the cases are based on. Toyota argued that any economic loss was speculative.

Attorneys for the consumers appear to have defeated the motion, with a "tentative" 63 page ruling from the federal court that it will reject most of the arguments Toyota is making.

As many of us may recall our parents saying when we were much younger, where there's smoke, there's fire.

The cases are grouped into two types, those with purely economic loss because the cars are allegedly worth less due to their defect history, and those where a death or injury is claimed to have resulted. All in all, Toyota recalled more than 15 million vehicles this last year for a variety of problems the company is struggling with, including over 10 million for unintended acceleration issues.

Meanwhile, the case goes on, owners still wonder and worry, and both the existence and the exact case of the defect still is being debated.

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ABOUT THE AUTHOR

Known nationwide as a leading Lemon Law attorney, Ronald L. Burdge has represented literally thousands of consumers in "lemon" lawsuits and actively co-counsels and coaches other Consumer Law attorneys. From 2005 through 2018, attorney Ronald L. Burdge has been named as the only Lemon Law Ohio Super Lawyer by Law and Politics magazine and Thomson Reuters Corp., Professional Division. Burdge restricts his practice to Lemon Law and Consumer Law cases. The Ohio Super Lawyer results are published annually in the January issue of Cincinnati Magazine. Ronald L. Burdge was named Consumer Law Trial Lawyer of the Year 2004 by the National Association of Consumer Advocates, the nation's largest organization of consumer law private and government attorneys. "Your impact on the auto industry has been magnified many times over because of the trail you blazed for others," stated NACA's Executive Director, Will Ogburn. Burdge has represented thousands of consumers in Ohio, Kentucky and elsewhere since 1978 and is a frequent lecturer to national, state and local Bar Associations and Judicial organizations. Burdge is admitted to Ohio's state and federal courts, Kentucky's state courts, and Indiana's federal courts. Other court admissions are on a "pro hac" temporary, case by cases basis.