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Indiana woman sues Toyota due to recall

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A Hamilton County woman has filed a class action suit against Toyota, alleging fraud and breach of warranties as a result of the recent recall of Toyota vehicles.

Judith M. Enderle filed the suit Wednesday in federal court claiming Toyota knew their cars had defects in the accelerator systems when people purchased them, failed to recall the defective cars at the earliest possible date, and blamed the defect on floor mats.

She seeks class action certification, an award of punitive or exemplary damages against Toyota, restitution and disgorgement of profits, and reasonable attorneys' fees and costs. She also wants a jury trial.

Enderle purchased a 2006 Toyota Avalon from an Indianapolis Toyota dealer in 2006; that car is subject to the January 2010 recall. She seeks to bring this case as a class action for every person or entity in Indiana who owns a Toyota car that is subject to the recall for defects in the accelerator system. The suit only seeks recovery for economic losses of the class and not recovery for personal injury.

Enderle seeks damages from the company resulting from the "serious" safety defect that renders the vehicles unfit for their intended and expected purpose, according to the suit. She claims Toyota breached implied and express warranties, received unjust enrichment, and committed constructive fraud and negligence, and is liable for its design, manufacturing, and sales of the cars. Nearly 5.3 million cars have been recalled nationwide because of the accelerator defect.

The suit, Judith M. Enderle, on behalf of herself and all others similarly situated v. Toyota Motor North America Inc., et al., No. 1:10-CV-142, was filed in the U.S. District Court, Southern District of Indiana, Indianapolis Division. She's represented by Cohen & Malad in Indianapolis.

Enderle's suit joins the list of lawsuits around the country filed by Toyota owners as a result of the recall. Irwin Levin, one of Enderle's attorneys, said he believes hers is the first one filed in Indiana. Some of those suits involve incidents of stuck gas pedals and injuries. Enderle's gas pedal has not become stuck, Levin said.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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