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Judge Denies Certification in Prius Brake Defect Class Action Lawsuit
By Anne Bucher
A California federal judge has denied class certification for a class action lawsuit accusing Toyota Motor Corp. of manufacturing Prius hybrid vehicles with defective anti-lock braking systems (“ABS”).
In his July 30 decision, U.S. District Judge Cormac J. Carney granted Toyota’s bid for summary judgment and declined to grant class certification in a class action lawsuit filed by consumer plaintiff David Gelber. In the class action lawsuit, Gelber claimed that the ABS in Toyota’s “Gen II” Prius cars were defective.
“In addition to failing to present evidence of a specific design defect common to all Gen II Prius vehicles, Mr. Gelber has failed to present any evidence that his specific vehicle suffers from a defective ABS,” Judge Carney said.
The Toyota brake class action lawsuit, which is part of multidistrict litigation (MDL) in California federal court, was initially filed by Lisa Creighton and Miriam Ramirez in February 2010. The plaintiffs alleged that several Toyota vehicles, including Gen II Prius vehicles, suffered from defective ABS.
In their class action lawsuit, the plaintiffs allege that “Gen II Prius vehicles are equipped with a brake system that includes three components: a regenerative braking component, a hydraulic braking component, and a vehicle stability control system containing the ABS.” These three components are controlled by the Skid Control Electronic Control Unit, which allegedly misinterprets changes in wheel speeds and activates the ABS at inappropriate times. This defect causes a time delay that “dangerously extends the distance required to stop” the car, putting drivers in danger.
Gelber was substituted as a named plaintiff after the original plaintiffs dropped out of the class action lawsuit. Gelber purchased a Gen II Prius in 2006 and has put more than 40,000 miles on the car. According to the summary judgment ruling, Gelber continues to drive his Gen II Prius on a regular basis.
In his decision to deny certifying the Prius brake class action lawsuit, Judge Carney found that Gelber has never been in an accident, failed to stop his vehicle or hit an object because of the alleged defect. He has also never attempted to sell his car. Although Gelber was once allegedly involved in a “close call” in which he nearly hit a taxicab, Judge Carney held that he had “failed to provide evidence of a defect in the ABS that leads to unsafe stopping distances.”
Judge Carney also found that there was no evidence that the braking system in the Prius is any worse than other vehicles.
Gelber’s lawyers have indicated that they plan to appeal the ruling.
Gelber is represented by Paul O. Paradis, Michael A. Schwartz and Gina M. Tufaro of Horwitz Horwitz & Paradis and Paul R. Kiesel of Kiesel and Larson LLP.
The Prius Brake Defect Class Action Lawsuit is David Gelber v. Toyota Motor Corporation et al., Case No. 2:10-cv-00946, in the U.S. District Court for the Central District of California.
The Toyota Hybrid Brake MDL is In Re Toyota Motor Corp. Hybrid Brake Marketing, Sales Practices and Products Liability Litigation, Case No. 8:10-ml-02172, in the U.S. District Court for the Central District of California.
Updated August 7th, 2013
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One thought on Judge Denies Certification in Prius Brake Defect Class Action Lawsuit
I sold my 2012 Prius 4 because of the brake malfunction and Toyota’s inability to fix the car. I was afraid I would either kill my daughter or an innocent person with a crash. I sold my car with only 12,000 miles to Car Max. Why wouldn’t you chose someone who sold their car or had an accident. I lost money on this sale.