Christina Spicer  |  April 12, 2019

Category: Auto News

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Toyota priusToyota can’t escape a class action lawsuit alleging certain models of its popular Prius hybrid vehicles contain a defect that causes them to stall.

The plaintiffs contend that Toyota knew of the defect because it had manifest in earlier 2005 models; however, Toyota argues that it was a different defect that caused stalling in the 2010 through 2014 Priuses.

The Toyota Prius engine defect class action lawsuit was trimmed of fraud-based claims, the express warranty claim, and the negligent misrepresentation claim in September 2018. The plaintiffs were allowed a chance to amend their complaint.

U.S. District Court Judge Josephine L. Staton disagreed with Toyota’s argument to dismiss the plaintiffs’ amended complaint, finding that the question remained for later stages of the litigation in the class action lawsuit.

“The court is not persuaded by Toyota’s arguments,” stated the judge in the order. “Whether the true cause of the defect was the lead soldering is a factual issue the court cannot resolve at this stage.”

Despite rejecting Toyota’s argument about the cause of the defect, Judge Staton cut some the claims in the Toyota Prius engine defect class action lawsuit. Specifically, the plaintiffs alleged that a software update issued in response to a recall made the problem worse.

“[The Plaintiffs] have failed to allege that Toyota intentionally and without authorization interfered with Plaintiffs’ possession of their vehicles,” concluded the court order.

According to the Toyota Prius class action lawsuit, 2010 through 2014 Priuses are affected by an inverter defect. The defect allegedly causes the hybrids to overheat.

The vehicles then enter into a so-called “fail-safe” mode. In that mode, the vehicles slow down, and, according to the plaintiffs, even stall.

The plaintiffs contend that Toyota is aware of the defect because of a similar problem in 2005 model-year Priuses.

Despite knowing of the issue, Toyota exacerbated the problem by increasing the voltage of certain models, just as it did in 2005, according to the Toyota Prius class action lawsuit.

Further, contends the Toyota Prius engine defect class action lawsuit, the car maker instituted a recall that failed to solve the problem in 2014 and 2015.

The sudden slow downs of the affected Priuses pose a serious safety concern to all motorists on the road, alleged the Toyota engine defect class action lawsuit.

In fact, the plaintiffs claim that the problem can cause collisions that can lead to death, but Toyota failed to warn owners, lessees, and consumers about the problem.

The drivers are represented by Louis R. (Skip) Miller, Amnon Z. Siegel, Casey B. Sypek and David I. Bosko with Miller Barondess LLP and Jeffrey L. Fazio and Dina E. Micheletti with Fazio Micheletti LLP.

The Toyota Prius Defective Engine Class Action Lawsuit is Remy McCarthy, et al. v. Toyota Motor Corporation, et al., Case No. 8:18-cv-00201, in U.S. District Court for the Central District of California.

 

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40 thoughts onToyota Must Face Prius Stalling Defect Class Action Lawsuit

  1. Tanasha Roberts says:

    Please add me. I just purchased a 2011 Toyota pruis 5 months ago. It stalled gong down a hill with a slight curve. I hit a telephone pole on front passenger side and airbags deployed… fractured ribs a and insurance totaled my car…

    1. Arwin mercado says:

      Have a 2013 prius v and have fail safe problem thats consistent with the problems listed. Just lost power but we were able to drive in short distances once we restarted it. Wondering what should be my next course of action?

  2. Jordan Wright says:

    I just had this part repaired off warranty and got the car today. My wife was driving it on the highway and all the sudden it stalled and it was very dangerous. She ended up coasting it home and we found out this was the recalled part. Absolutely ridiculous that we didn’t know about this. She could have seriously been hurt.

  3. Betsy says:

    If this is legit please contact me. I have a 2011 Prius and have been driving it since the 2013. This past weekend while driving the “hybrid system failure” notification came on and my car lost power. WHILE driving with my 2 year old in the back seat. Towed to Toyota and they said it’s inverter problem. The problem that was SUPPOSED to have been fixed by the recall updates. I am grateful no one was injured due to this!!! I am afraid to drive my car even if they “fix” it.

  4. Truong Mai says:

    Please add me as well. I have gotten a Software update, and have a damaged inverter. Toyota will not help me with my inverter, unless I pay out of pocket, when it clearly states on their website they will help you with inverter repair if it is damaged, and related to the issue.

  5. paul and suzanne walker says:

    please add us to this class action lawsuit

  6. Prakash Bedre says:

    I own 2012 Prius V. I was driving in Halifax this week when my car suddenly stopped on the high-way. CAA (AAA) towed this car to the local Toyota dealer. Upon diagnosis, they stated that there was no engine oil in the car. They tried to put ~4L engine oil but the car did not start because the engine was fried. I am very surprised that there was no engine light sign to show any engine fault. Toyota mechanic wrote in their diagnosis that there was no indication of any leak or burning smell. I don’t know if this is a well known Prius Engine issue or oil change related issue. I did the oil change at Sears on June 14th and they added synthetic oil. This issue happened on July 30th (~6 weeks after oil change). I leave in Rhode Island, USA. I had to fly back home but my car is still parked at Halifax car dealer. I do know how should I handle this problem. Any help or guidance in this regards is very much appreciated. Please add me to the class act suit.

  7. Erika Hise-Denk says:

    I would like to be contacted about this if possible. I don’t want to get too specific on a public forum, but I can provide more information to support this claim.

  8. Marvin Zwier says:

    I purchased and still own my 2010 Prius II.I’ve been recalled on at 3-4 recalls for various problems and were worked on by my Toyota dealer, not really feeling confident that the defects have been corrected. The recent news that an Orange County Toyota dealer won a lawsuit against Toyota due to the Inverter problem causing the car to burn and cause a fire and stop in the middle of the freeways or anywhere else.That is very scary to ride on California freeways everyday with family in the car. I,be kept the auto over the years due to my dealer has corrected the recall defects,but very so often another publicity breaks and lawsuits are pending all over.I here e en been told that should try to sell this auto I might be liable for damages knowing that my auto has known defects and I could be sued.Secondly,I also have been advised that due to the defects cause a reduction value of my auto and will find it difficult to sell. I’m interested in being contacted by an active class action lawsuit by a reputable law firm to discuss my entry in a legitable lawsuit.

  9. CEH says:

    I have a 2011 Prius and I was told although there is a recall they did not have the fix, what can I do?

  10. Gary Saporita says:

    I have a 2015 v prius. A violent hybrid malfunction warning came up & I stalled on a busy traffic hill, had to have some one push the car & had my daughter in the car. Once we were in a safe location & my body stopped shaking she trouble shooter on you tube it said too hold it shift in drive. It stalled out & went in neutral. Then on my way to Toyota it stalled while on a hill & started rolling backwards. I habe so much anxiety driving this car. Toyota couldn’t figure out what was wrong because before bringing it to them I brought it to my mechanic & when he checked the codes they reset & haven’t came back on. I am getting sick from the car now! Headaches dizziness disorientation my eyes start burning & shortness of breath & Just feel so weak after driving it. I was told to keep driving it until it happens again them bring it back! I may not be so lucky. Please add me to the class act suit.

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