Today, we filed a lawsuit in Chicago, Illinois (Cook County Case No. 2010-L-001675) against Toyota and Hertz alleging strict liability and negligence. Hertz actually rented the 2010 Toyota Corolla long after Toyota noted potential problems with gas pedals in various models.
The lawsuit alleges:
TOYOTA, by and through its agents, employees or representatives, was then and there guilty of one or more of the following careless negligent acts and/or omissions:
a. carelessly and negligently designed, manufactured and sold the above-described Corolla;
b. carelessly and negligently failed to institute and enforce a policy for review of the automobiles that it designs, manufactures and sells, including the aforestated Corolla, to insure that the Corolla and the vehicles are sold with adequate safeguards and controls; and
c. was otherwise careless and negligent in the design, manufacture and sale of the above-described Corolla.
The lawsuit further alleges:
The above-described Corolla was manufactured, sold and placed into the stream of commerce by the Defendant, TOYOTA, in an unsafe and defective condition and was unreasonably dangerous to its users by reason of, among others, the following defects in its design, manufacture, testing and/or marketing:
a. in designing, manufacturing and providing the vehicle at issue of such construction that it could fail for multiple reasons, including its inability to stop or slow down, during normal foreseeable use;
b. in failing to provide proper and clear warning of the dangers that the vehicle at issue might fail by not working as advertised and intended, causing injuries and damages to the Plaintiff;
c. in failing to use available design and engineering skill or knowledge to produce a vehicle that would allow for proper operation;
d. in failing to provide adequate operating instructions and warnings to Plaintiff who used the vehicle at issue even though the Defendant knew or should have known that such warnings were necessary for the safe use of the vehicle at issue;
e. in failing to adequately inspect and test the vehicle at issue for safety prior to offering it for sale;
f. in failing to discover that the vehicle at issue was dangerously defective, improperly designed and manufactured, inadequately tested and inspected, entirely unfit for duty and unsafe for use, constituting a hazard to Plaintiff; and/or
g. in other respects to be proved at trial.
The lawsuit further alleges:
HERTZ, by and through its agents, employees or representatives, was then and there guilty of one or more of the following careless negligent acts and/or omissions:
a. carelessly and negligently rented, cared, maintained and serviced the above-described Corolla;
b. carelessly and negligently failed to institute and enforce a policy for review of the automobiles that it rents, including the aforestated Corolla, to insure that the vehicles are rented with adequate safeguards and controls or that such vehicles, including the Corolla at issue, is safe to entrust to its customers;
c. carelessly and negligently made the vehicle available for rent knowing, or in a situation where it should have known, of problems with the Corolla at issue or the Toyota recall or future, intended recall; and
d. was otherwise careless and negligent in the rental, care, maintenance and service of the above-described Corolla.
If you believe you have been injured or suffered any property damage as a result of a potential gas pedal sticking, call us at 312.375.6524 to discuss your particular situation 24/7/365 and we'll determine if we can help.
