Settlement,Receives,Preliminar car Settlement Receives Preliminary Approval in Unintended Accel


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Preliminary approval has been given to Toyota Motor Corp’s$1.1 billion settlement of a class-action lawsuit brought forward by customerswho claimed to have lost value on their cars due to the issues of unintendedacceleration. U.S. District Judge James Selna of Santa Ana, California, whogave the approval, also announced a hearing for final approval of the deal inJune, writing that “Settlement will likely serve the interests of the classmembers better than litigation.”The settlement will provide $500 million in cash forplaintiffs, along with installations of break override systems and a customersupport program valued at a combined total of $600 million. More than 16million Toyota, Lexus, and Scion vehicles will be covered, from the 1998 to 2010model years. The plaintiff lawyer on the case, Steve Berman, said that he waspleased with the results, and the favorable comments from the district judge. JulieHamp, a spokeswoman for Toyota, said that the company was gratified with theapproval of the settlement, “which will provide value to our customers andprovides an extra measure of confidence in their vehicles.”Not included in the settlement are wrongful death and injurylawsuits, of which there are as many as 300, according to a filing from Toyotain June. Those plaintiffs and their personal injury lawyers will therefore needto seek continued legal action if they are to receive compensation for thedamages that they have sustained in accidents caused by unintended acceleration.Toyota has admitted no fault in proposing the settlementhowever, which will total as one of the largest in US history involvingautomotive defects. The maker has long maintained that the issues causingunintended acceleration had nothing to do with their electronic throttlecontrol system, widely regarded as the main problem, and that poorly fittingfloor mats and sticky gas pedals were to blame, which have long since beenfixed. A study performed by the National Highway Traffic Safety Administration confirmsToyota’s claims, citing no link between the throttle control system andinstances of unintended acceleration.Nevertheless, Toyota is hopeful that the approval of thesettlement can bring about an end to their saga, which has seen extensive presscoverage and multiple vehicle recalls spanning from 2009 through 2011. In hisdecision, Judge Selna said that the settlement was a fair conclusion, avoidingoverly complicated legal fights and litigation that could drag on for years. “Someof these rulings have been favorable to plaintiffs; some have been favorable toToyota," says Selna. "Were the parties to proceed to a fullylitigated result, virtually any outcome would face the risk of uncertainty uponappellate review of these rulings."And yet despite the continued hits to Toyota’s reputation forreliability and safety, the company has seen tremendous sales gains through2012. As of November, the auto maker is boasting an increase in sales of almost29%, significantly larger than the industry wide gains of 14%. Their share ofthe US market has also grown to 14.4%, up from just 12.7% in 2011. Despitecontinued recalls and residual sudden acceleration worries, buyers continue topurchase new models, perhaps suggesting that even in their missteps andsetbacks, Toyota’s model offerings are still well beyond their competitors.

Settlement,Receives,Preliminar

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