Significant numbers of Toyota and Lexus owners have reported Sudden Unintended Acceleration (SUA) incidents for more than ten years now. For the most part, these incidents were went unnoticed, with Toyota telling drivers who experienced SUA, that it must have been driver error, such as stepping on the accelerator instead of the brake pedal.

The tragic accident in August 2009 that took the life of California Highway Patrol Officer Mark Saylor and three members of his family after the throttle on Lexus ES 350 sedan became stuck in the full open position causing the vehicle to race at speeds of more than 100 mph before crashing and bursting into flames have focused the attention of the public, Toyota, and federal regulators on issues surrounding sudden unintended accelerations in vehicles manufactured by Toyota and Lexus. However, this is not the only fatal crash resulting from sudden unintended acceleration of Toyota vehicles. According to Sean Kane, president of Safety Research & Strategies, Inc., there have been more than 2000 complaints of sudden unintended accelerations in Toyota and Lexus vehicles in the past ten years, with sudden unintended acceleration being the suspected cause of accidents resulting in hundreds of injuries and fatalities.

Shortly after Officer Saylor's death, McCuneWright, LLP filed the first class action lawsuit in the nation against Toyota Motor Corporation. McCuneWright, LLP, is also representing a number of individuals who have been injured or lost loved ones by the Sudden Unintended Acceleration of their Toyota vehicles.

Case history

Within months of McCuneWright filing the first SUA related class action there were more than 200 other class action lawsuits filed against Toyota based on Sudden Unintended Acceleration. Ultimately, these 200 SUA class action cases were consolidated into one national class action through a court and process known as Multi District Litigation (MDL.) This consolidation process often takes place in class action law when many class actions have been filed throughout the country with the intent of representing the same group of damaged consumers.

As part of the normal procedure of transitioning many class actions into one large, consolidated MDL class action, the court carries out a process of selecting the Executive Leadership team of attorneys who have the responsibility of representing consumers in this national class action. In the end, the plaintiffs' representation is comprised of the finest and most skilled attorneys from across the country. Richard McCune, partner at McCune Wright, LLP, was asked to be a part of the Executive Leadership team and continues to play a vital role as this case continues to develop.

The cases are presently in the discovery stage. The first trials are expected to start in early 2013.