ILNews

Indiana woman sues Toyota due to recall

Back to TopCommentsE-mailPrint

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

ADVERTISEMENT