View Single Post
Old 19-05-2011, 07:12 PM   #271
vztrt
IWCMOGTVM Club Supporter
 
vztrt's Avatar
 
Join Date: Sep 2005
Location: Northern Suburbs Melbourne
Posts: 17,797
Valued Contributor: For members whose non technical contributions are worthy of recognition. - Issue reason: vztrt is one of the most consistent and respected contributors to AFF, I have found his contributions are most useful to discussion as well as answering members queries. 
Default Re: TOYOTA stops production in USA (Recall)

http://www.autoblog.com/2011/05/18/j...over-economic/

Quote:
Report: Judge's ruling paves way for owners to sue Toyota over economic losses *UPDATE

by Jeff Glucker (RSS feed) on May 18th 2011 at 3:02PM

If Toyota was hoping to end its ongoing unintended acceleration-related legal issues, the latest bit of courtroom news will make the automaker quite unhappy. U.S. District Judge James Selna has ruled that vehicle owners can sue Toyota over economic losses. Some Toyota owners claim the automaker is responsible for diminished resale value of vehicles wearing the Toyota badge.

"A vehicle with a defect is worth less than one without a defect," said Selna.

Toyota, however, has stated that it remains confident it will emerge from the courtroom victorious. Selna's ruling moves the burden of proof over to the plaintiff's lawyers, and Toyota believes that no such proof of wrong-doing on its part exists. Lawyers for the plaintiffs will be tasked with proving that the automaker was aware of a defect and chose to ignore it.

One particular issue from Toyota's point of view, with regards to James Selna's ruling, is the judge has applied a California law to the case. One that may make it easier for plaintiffs to recover damages. Toyota argues that vehicle owners from all over the country are involved in the lawsuit, and therefore local state laws should be applied with respect to the owner's location. Either way, it appears that Toyota's legal drama is going to continue for quite some time.

*UPDATE: Toyota reached out to Autoblog.com for clarification. It appears the ruling has not yet come down, but that Selna is merely considering the application of California law to a case that reaches across the entire country.
[Source: Bloomberg | Images: Ramin Talaie/Getty]
__________________
Daniel
vztrt is offline   Reply With Quote