Plaintiffs involved in the lawsuit against Toyota over sudden unintended acceleration won a minor court battle on Monday when the judge in the case ruled that owners of the recalled vehicles can sue the car maker for economic loss because they may not have gotten what they paid for.
Lawyers for the plaintiffs allege that underlying problems with the recalled vehicles caused the cars to be worth less than what the owners paid for them. The judge’s ruling doesn’t decide whether or not this is true; it just allows the plaintiffs the opportunity to make their case.
“Taking these allegations as true, as the Court must at the pleading stage, they establish an economic loss,” wrote the judge. “Plaintiffs bargained for safe, defect-free vehicles, but instead received unsafe, defective vehicles. A vehicle with a defect is worth less than one without a defect.”
A rep for Toyota tells Reuters that the car company “is confident that no defect exists in its electronic throttle control system… The burden is now squarely on plaintiffs’ counsel to prove their allegations, and Toyota is confident that no such proof exists.”
Toyota can be sued for economic losses: Judge [ChicagoBreakingBusiness.com]