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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. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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