Plaintiffs, Sylvia Pena and Albert A. Pena, III have sued the Toyota Motor Corporation in the United States District Court for the Southern District of Texas alleging Breach of Implied Warranty of Merchantability and Breach of Implied Warranty of Fitness for a Particular Purpose.
The Suit was filed after the Penas experienced an accident involving their 2008 Toyota Avalon which malfunctioned prior to an accident. The malfunction occured when the vehicle’s gas pedal unexpectedly accelerated while being driven which resulted in a collision with another vehicle.
The Federal Class Action is the first of its kind filed in Texas Federal Courts. Plaintiffs have filed Federal Class Actions in other states. Toyota has since recalled over 3 Million vehicles affected by the defective acceleration problem www.nytimes.com/2009/09/30/business/global/30toyota.html.
The petition also alleges that Toyota has known about the problem for several years.