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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

The petition also alleges that Toyota has known about the problem for several years.


  1. Gravatar for Michael Corral

    I was driving my 2009 Toyota Corolla up to a stop sign when the accelerator suddenly stuck causing my car to speed up excessively when entering the intersection I immediately slammed on the brakes and shut the car off to avoid what would have been a very serious accident. my fiancee is now afraid to go near my car, especially after hearing about the recalls on the brakes, and steering, so my car is essentially worthless to me as she has not ridden with me for the last three weeks. What recourse do I have

  2. Gravatar for Monja Qui

    I was hit by a run away Toyota Corolla in Arlington, TX on Feb. 25, 2010. The Toyota driver had no auto insurance - but the fact of had nothing to do with his accelerator being stuck causing him to accelerate and REAR END me and another driver while we sat at a red light.

    Is there a class action suit that we can join (the other rear ended driver and myself) to recover the cost of repairs to our vehicles because of TOYOTA'S obvious AUTO SAFETY issues?

    [Read Accident in detail here:]

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