Texas Trial Law Advocate : Texas Business Litigation Lawyer & Attorney : Craig Cherry : Haley & Olson Law Firm : TX Personal Injury, Product Liability

Today, Toyota Motor Sales, USA announced it was recalling approximately 3.8 million vehicles to address problems with removable floor mats that could cause the accelerator to become stuck and lead to a crash.  This recall is the largest recall in Toyota's history.

According to the National Highway Traffic Safety Administration, the federal government has received notice of 102 incidents involving Toyota vehicles where the accelerator became stuck while being operated.  While it is not clear how many of the 102 reported incidents resulted in injuries or deaths to occupants, Toyota spokesperson Irv Miller stated "[a] stuck open accelerator pedal may result in very high vehicle speeds and make it difficult to stop a vehicle, which could cause a crash, serious injury or death."  Transportation Secretary Ray LaHood stated "this is an urgent matter" and warned owners of affected vehicles to remove the floor mats from the driver's side immediately.

This past August near San Diego, a 2009 Lexus ES 350 being driven by a California Highway Patrol Officer accelerated to 120 mph before striking another vehicle, launching off an embankment, rolling several times and bursting into flames.  Four people died in the crash.  Just before the crash occurred, a 911 call from one of the vehicle's passengers told police the vehicle had no brakes and that the accelerator was stuck. Investigators believe the floor mat may be to blame for the incident.

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Mitsubishi has recalled 531 Endeavor model vehicles from the 2010 model year as a result of certain vehicles having potentially defective airbags. Specifically, the recall results from the retainer bracket for seat-mounted airbags on both the driver and passenger side airbags being incorrectly welded. If the faulty welding condition exists in a vehicle, the side airbags may not deploy correctly in a side impact crash, possibly resulting in serious injury to an occupant.

The vehicles involved were manufactured by Mitsubishi between May 26 and July 28, 2009.  Mitsubishi began notifying owners within the last week and issued a "stop sale"  on all 2010 Endeavors until all potentially effected vehicles can be inspected.

Any of the recalled vehicles will be inspected by a Mitsubishi dealer and repaired at no charge to the customer.  Customers can contact the Mitsubishi Customer Relations Department at 1-888-648-7820.

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For the last several months, national health care reform has been debated on television (nearly 24 hours a day), at town hall meetings, and at dinner tables across this country.  Whether you favor  national health care reform or not, a part of the debate includes a discussion about whether or not liability damage caps for doctors and hospitals should be included in any legislation that is ultimately passed by Congress and signed by President Obama.  Historically, the debate about liability damage caps has been left to the States to decide.  Now, however, we may see federal liability damage caps for doctors and hospitals for the first time in our country's history.

Recently, in the Atlanta-Journal Constitution, Randolph W. Pate and C. Andrew Childers laid out the Pros and Cons of liability damage caps for doctors and hospitals.  You can read their article by clicking here.

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Dimitrios Biller, a former in-house attorney for Toyota Motor Sales USA, Inc. has accused the car maker in a lawsuit filed in federal court in California of illegally withholding evidence in hundreds of rollover injury and death cases in a "ruthless conspiracy" to keep evidence of its vehicles "structural shortcomings" from becoming known.  Biller alleges that his complaints to Toyota executives about the illegal conduct cost him his job.  Biller also complains that Toyota misled the National Highway Traffic Safety Administration when the government was considering tougher regulations for roof strength.  While Toyota has denied Mr. Biller's allegations, this has created a mess for Toyota which could lead to the reopening of hundreds of cases that were previously resolved through settlement or trial.

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