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Westchester County, New York Parents File Suit Against Toyota for Death of Their Five-Year-Old Son in Lexus Sudden Acceleration Incident

On July 29, 2008, at approximately 9:45 a.m., Nancy Murtha, age 46, was driving her 2008 Lexus RX350 at a safe rate of speed, traveling northeast on Watch Hill Road in Westchester County, New York. She was wearing her seat belt. Her son Jake was in the back seat, properly strapped into his child car seat.

"I remember glancing in my rear view mirror and looking at my son in a car seat in the back. It was a sunny Tuesday morning in July and Jake was excited that he was going to a birthday party that afternoon," stated Nancy Murtha. Jake then asked his mother for help. Mrs. Murtha tried to slow down to pull over to the side of the road to assist him.

When Mrs. Murtha hit the brake, instead of stopping, the Lexus suddenly accelerated and careened out of control. The Lexus violently impacted a rock wall located on the northwest shoulder of the roadway. As a result of the collision, Jake suffered severe traumatic injuries and died hours later at Westchester County Medical Center.

"As I hit the brake, the car wouldn't stop. It just kept on going," Mrs. Murtha added. "Jake was our youngest son and was loved by our family. We miss him dearly and have been devastated by his loss."

The collision also nearly killed Mrs. Murtha. She was knocked unconscious, and went into a coma for six days. Mrs. Murtha lost her spleen and part of her intestines, and suffered injuries to her neck, lower back, her right knee, and right hip.

Allegations Against Toyota

Beginning in the late 1990s, Toyota manufactured, distributed and sold vehicles with an electronic throttle control system ("ETC" ), including the 2008 Lexus RX350. Unlike that of traditional throttle control systems, where a physical linkage connects the accelerator pedal to the engine throttle, in the ETC system, the engine throttle is controlled by electronic signals sent from the gas pedal to the engine throttle. A sensor at the accelerator detects how far the gas pedal is depressed and transmits that information to a computer module which controls the engine throttle.

Toyota's ETC system failed to include a failsafe measure, known as brake-to-idle override, that is in use by other vehicle manufacturers. The brake-to-idle override instructs the ETC system to automatically reduce the engine to idle whenever the brakes are applied without success.

"The complaint charges that Toyota for years was aware that its vehicles were susceptible to sudden, unintended acceleration, leading to fatal accidents," stated plaintiffs' counsel Robert J. Nelson. "Yet, Toyota never incorporated a brake-to-idle override system to allow drivers to bring their vehicle under control, even though these systems were inexpensive and incorporated into vehicles sold by other manufacturers."

"A brake-to-idle override system would have allowed Mrs. Murtha to bring her 2008 Lexus RX350 under control," Mr. Nelson added.

Status of the Cases

The complaint was filed late yesterday afternoon in federal court in the Southern District of New York, where the Murtha family lives. The complaint seeks general damages as well as punitive damages against Toyota for its failure to recall its vehicles due to a known, significant safety defect and refusal to take necessary steps to prevent sudden, unintended acceleration accidents in order to increase its profits.

Legal Resources for Drivers and Passengers Injured in Toyota Sudden Acceleration Accidents

Lieff Cabraser represents persons across America injured in accidents involving Toyota and Lexus vehicles that suddenly accelerated.

If you would like to learn more about your legal rights please visit http://www.usautoinjurylaw.com/cases/defects/acceleration/toyota-lexus.htm or call us toll free at 1-800-541-7358 and ask to speak to attorney Todd Walburg. There is no charge or obligation for our review of your case.

About Lieff Cabraser

Lieff Cabraser Heimann & Bernstein, LLP, is a sixty-plus attorney law firm that has represented plaintiffs nationwide since 1972. We have offices in San Francisco, New York, and Nashville. Lieff Cabraser has a comprehensive and diverse practice, which includes representing persons injured and families of loved ones who died in auto accidents. Since 2003, The National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation. Learn more at www.lieffcabraser.com.

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Lieff Cabraser Heimann & Bernstein, LLP
Robert J. Nelson, 415-956-1000