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Wrongful death lawsuit against Toyota to be tried in California

A wrongful death lawsuit has currently been filed against Toyota. Though the case was originally filed along the east coast, it has now been moved to California to be tried in conjunction with a number of similar cases.

The lawsuit concerns a fatal accident that came about in 2009 that was claimed to have come about due to the unintended acceleration of Toyota Highlanders. The driver was apparently unable to stop the car by application of the brakes, and this eventually led to the driver dying in an accident after striking another car.

Toyota has already agreed to a settlement in excess of $1 billion regarding the unintended acceleration, but this lawsuit mainly pertained to the loss of economic value of vehicles being driven. The current lawsuit is separate from that particular class action in that this incident involved a specific crash that came about because of the unintended acceleration.

As in other products liability lawsuits that result in injury or death, attorneys will seek to prove that the accident in question was foreseeable in light of the problem with the unintended acceleration of the vehicle. This will be a question for the jury to decide.

However, what also will need to be determined was the amount of loss suffered due to the wrongful death of the accident victim. There, attorneys will want to show the affect that this death had upon other family members, and the economic loss these individuals will suffer because their family member is no longer there.

Source: Concord Monitor, "Wrongful death case against Toyota regarding fatal Peterborough crash to move forward," by Tricia L. Nadolny, Dec. 27, 2012

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