U.S. Declines Investigation on Lexus Car Acceleration
-Bloomberg
11/02/2009 - A U.S. safety board declined further investigation into an alleged defect that may cause uncontrolled acceleration in Toyota Motor Corp.’s Lexus ES sedans after the carmaker issued a recall this month for floor mats.
The National Highway Traffic Safety Administration said in an announcement posted to the Federal Register today that it is denying a petition to take an additional look into the Lexus ES 300 and ES 350 cars, saying there is insufficient evidence.
Toyota announced that it would issue its biggest U.S. recall because of mats that may jam accelerator pedals in some models, including certain Lexus vehicles. The agency said that after interviewing the petitioner, examining his vehicle and conducting a range of tests on drive-train and electric systems, it concluded there’s no need for action beyond the recall.
“Except insofar as the petitioner’s contentions relate to that recall, the factual bases of the petitioner’s contentions that any further investigation is necessary are unsupported,” NHTSA said in the report.
The decision will help shield Toyota from legal action that a safety-defect finding may have spurred, said Alan Baum, director of automotive forecasting for consulting firm Planning Edge.
“They should be pleased since it means that lawyers planning product defect suits will have less evidence to work with since the government isn’t backing them up,” said Baum, in Birmingham, Michigan. “ Toyota has obviously been stumbling. If they lose their consumer glow, they don’t have don’t have much to fall back on.”
Sudden Surge
The investigation was sought by Jeffrey Pepski, owner of a 2007 model Lexus ES 350 in Plymouth, Minnesota. Pepski’s complaint came after a “sudden and uncontrollable surge in acceleration” in February.
Toyota found the driver’s side floor-mat equipment in Pepski’s vehicle wasn’t properly secured, according to the NHTSA notice.
This was the fifth time NHTSA has rejected similar requests to investigate Toyota models for a defect related to unintended acceleration, said John Hanson, a spokesman for Toyota’s U.S. sales unit in Torrance, California.
NHTSA’s decision is “timely,” said Hanson. “We’re beginning to send letters to owners today, reminding them to remove their floor mats and that they will be contacted by Toyota once we determine a remedy.”
Toyota is mailing letters to owners of about 3.8 million vehicles advising them to remove drivers-side floor mats until it develops a way to secure or replace them.
NHTSA said that denying the petition “does not constitute a finding by NHTSA that a safety-related defect does not exist.
Toyota’s American depositary receipts, each representing 2 ordinary shares, fell $1.19, or 1.5 percent, to $78.89 at 4:01 p.m. in New York Stock Exchange composite trading.
If you or a loved one have been injured or suffered a loss due to a recalled Toyota or Lexus floor mat you may be entitled to compensation. Contact the Toyota Floor Mat Recall Lawyers of Ennis & Ennis, P.A. today by filling out the form on this page or calling toll-free: 1-800-856-6405. Nationwide Free Case Evaluations.
