The NY Post reports: A Westchester couple is suing Toyota over a horrific 2008 crash in which they say their Lexus SUV went out of control and smashed into a wall, killing their youngest son.
Nancy and Daniel Murtha of Cortlandt say the death of 5-year-old Jacob on July 29, 2008, could have been prevented, and they blamed Toyota, maker of the Lexus luxury line, for a faulty accelerator.
“Jacob was [their] youngest son, and he was the love of their life,” says the federal suit filed in White Plains.
Lawyer Todd Walburg said, “Toyota’s failure to properly remedy the defects in the electronic throttle control system found in various Lexus and Toyota vehicles has resulted in the death of a beautiful boy and the devastation of his loving family.”
According to the suit, Nancy Murtha was driving the Lexus RX350 “at a safe rate of speed” with her son strapped in the back seat when she pressed the brakes on a road in Cortlandt.
“As she tried to slow down, the Lexus suddenly accelerated and Mrs. Murtha was unable to stop the vehicle as it careened out of control,” the suit says.
The SUV ran off the road and slammed into a stone wall, leaving Jacob with “severe traumatic injuries.” He died several hours later.
Nancy Murtha was knocked unconscious and spent six days in a coma. She lost her spleen and part of her intestines and suffered injuries to her neck, back and right leg. The suit says she still suffers from the “residual effects” of the crash.
The couple is seeking unspecified damages.
More than 80 lawsuits have been filed against Toyota in 40 states over faulty accelerators.
Toyota, which has recalled more than 8 million vehicles, has insisted that there are no problems with its electronic throttle systems, maintaining that incidents of unintended acceleration were caused by a mechanical flaw.
Meanwhile, the National Highway Traffic Safety Administration yesterday cast doubt on another Toyota accident in Westchester County, saying a housekeeper who blamed an accelerator malfunction for crashing her boss’ Prius had never applied the brakes.
The 56-year-old woman claimed last week that as she pulled out of the driveway of her employer’s Purchase home, the car suddenly accelerated and smashed into a stone wall.
(READ MORE: http://www.nypost.com/ YWN-4705)
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3 Responses
The only mode of transportation that’s going to be left at the end is the horse and buggy!
#1 – There are many more cars out there than the junk the Japanese are peddling here.
Note that the person in the article realized they could sue after reading about the allegations of a mechanical flaw. Before that, they didn’t know they could sue???? It turns the leading cause of acceleration is people hitting the “gas” when they thought they were hitting the “brake”.
If lawyers (who get at least a third of the money in the suits) were required to pay the other side’s legal fees when the case turns out to be facetious, there would be a lot fewer lawsuits.