ILNews

Indiana woman sues Toyota due to recall

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

  2. Today, I want to use this opportunity to tell everyone about Dr agbuza of agbuzaodera(at)gmail. com, on how he help me reunited with my husband after 2 months of divorce.My husband divorce me because he saw another woman in his office and he said to me that he is no longer in love with me anymore and decide to divorce me.I seek help from the Net and i saw good talk about Dr agbuza and i contact him and explain my problem to him and he cast a spell for me which i use to get my husband back within 2 days.am totally happy because there is no reparations and side-effect. If you need his help Email him at agbuzaodera(at)gmail. com

  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

ADVERTISEMENT