Today, I filed the second lawsuit in Chicago, Illinois (Cook County Case No. 2010-L-002399) on behalf of Willette Green against Toyota alleging strict liability and negligence. This one involved the death of a pedestrian and injuries to Plaintiff after her 2006 Lexus ES 330 was unable to stop.
The lawsuit alleges:
On August 26, 2008, the Plaintiff was involved in an automobile accident at or near the intersection of 22nd Street and the feeder ramp from I-94 in Chicago, Illinois after her gas pedal—in the Lexus at issue and referenced herein—stuck and Plaintiff was unable to stop at the intersection, resulting in the death of a pedestrian, a crash with a third party, property damage and injuries to Plaintiff and others involved.
The lawsuit further 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 Lexus;
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 Lexus, to insure that the Lexus 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 Lexus.
The lawsuit further alleges:
The above-described Lexus 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.
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.