A US district court judge in California threw out a class-action lawsuit from owners of Toyota Prius and Lexus HS 250h hybrids who had filed a claim against the Japanese automaker over a 2010 recall involving the vehicles' anti-lock braking system, Bloomberg News reports.

The claim, made by four vehicle owners on behalf of the rest of the owners, related to a 2010 recall that involved a software update for the vehicles' anti-lock brakes. The judge denied the claim because the plaintiffs suffered no injury, thus ending three years of litigation. A Toyota spokeswoman told Bloomberg News the company was "pleased" with the court's decision.

In early 2010, Toyota – at the time also reeling from floormat/unintended acceleration issues involving both Toyota and Lexus models – said some Prius models sold in January of that year had a braking-system design issue that had later been corrected. Both the US and Japanese governments that year required Toyota to investigate the issue, which involved a short, temporary loss of braking during the transition between regenerative and friction brakes on slick or bumpy surfaces.


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  • 34 Comments
      sinistro79
      • 1 Year Ago
      The car will save your environment, but it won't save yourself.
      FIDTRO
      • 1 Year Ago
      The Japanese should really learn how to build their cars with parts that aren't defective.
        Paul
        • 1 Year Ago
        @FIDTRO
        they already do and didnt go bankrupt like some companies did in late 2000s
        BARRY AND KATHY
        • 1 Year Ago
        @FIDTRO
        Anyone can bulld a car with non-defective parts. It takes a real genius to build one with broken parts.
        psttx
        • 1 Year Ago
        @FIDTRO
        IT was a hoax by the federal government to stop Toyota sales while they bailed out GM and Chrysler. Toyota sales fell and we bailed out the auto unions. How many auto makers have failed in the U.S. and we still have autos. Another scam by the Federal Govt
        WMB
        • 1 Year Ago
        @FIDTRO
        What you said applies more for BIG 3.....
        garyms4
        • 1 Year Ago
        @FIDTRO
        They get their parts from China. HaHa
      shamslive
      • 1 Year Ago
      Layla. even though Rosa`s st0rry is unbelievable... last tuesday I got a new Jaguar E-type since I been earnin $9256 this past four weeks an would you believe 10/k this past-munth. it's realy the best-work I've ever had. I actually started 7-months ago and pretty much immediately started bringing in at least $73, per-hour. I follow the details on this straightforward website,, ....... BIT40.ℂOℳ
      Dave R
      • 1 Year Ago
      Why is there no link to the actual news source so we can read some details about the issue instead of this craptastic re-blog with no information about the actual ABS issue at the source of the lawsuit? Seriously - this post tells us nothing.
        Dave R
        • 1 Year Ago
        @Dave R
        Link to the original news article from 2 days ago: http://www.businessweek.com/news/2013-01-09/toyota-wins-dismissal-of-class-action-claims-over-prius-brakes It appears that the plaintiffs are complaining that the ABS pre-fix caused excessively long stopping distances in some instances which led to accidents, though those accidents did not result in any injuries. There was a recall/update which fixed the issue. Some information on the ABS update as it relates to the 2010 Prius: http://pressroom.toyota.com/article_print.cfm?article_id=1868 http://priuschat.com/threads/2010-toyota-prius-abs-brake-recall-in-less-than-a-minute.76127/
        RocketRed
        • 1 Year Ago
        @Dave R
        Tells us plenty. It tells us that the plaintiffs failed to state a claim. Thus, the "actual" issue is not a problem for which there is legal recourse. Rather, the ABS issue falls in the generic expanse of quality and user experience in a complex consumer good. At best, it is a "glitch." This supposed underlying issue has been heavily covered in the automotive press and people even tried to attach it to the UA issue in 2010. Sadly, there is not much hope of Rule 11 sanctions against the bottom-feeding plaintiffs' lawyers who push these dumb cases because they weren't paying attention in 1L torts.
      sgentilejr
      • 1 Year Ago
      Toyota issued a Recall because there was "in fact" a rel problem with the braking system. What the judge is saying is __even though there is/was a problem with the braking system___unless you suffered 'physical injuries' you have no grounds to file a lawsuit.__________________What the judge is saying is so what if the brakes did not work correctly and you hit the vehicle in front of you and did $4,000 in damages to it and the accident caused $3,500 in damages to your vehicle also___you are still not entitled to compensation because you were not "Physically injured".
        mckdarren
        • 1 Year Ago
        @sgentilejr
        When a judge rules there were no "injuries," the reference is not limited to physical in juries. It includes financial injuries or damages, too, and the plaintiffs in this case had alleged their cars were worth less through resale as result of publicity about the minor braking defect and recall (publicity their attorneys worked feverishly to create). No one rear-ended anyone else or was otherwise involved in a collision that resulted in any damage to vehicles or the property of others. In essence, there were no inujuries or damages of any kind, and the plaintiffs' lawyers were simply trying to bully Toyota into another lucrative settlement.
        • 1 Year Ago
        @sgentilejr
        That's not what he's saying. They didn't suffer any losses, financial or physical as a result of this recall (except for the money they spent on the lawsuit). They can't sue for damages that were never incurred.
      nsheats
      • 1 Year Ago
      Class action lawsuits are nothing more than lawyers looking for a multimillion dollar payout. If you are injured you have every right to sue but a lawsuite based on you possibly being injured is insane.
      sgentilejr
      • 1 Year Ago
      Toyota issued a Recall because there was "in fact" a problem with the braking system. What the judge is saying is __even though there is/was a problem with the braking system___unless you suffered 'physical injuries' you have no grounds to file a lawsuit.__________________ Now suppose you were riding down on an elevator from the 40th floor and as you stepped into the elevator it had a defect problem with the software that controls it. Then before the elevator doors even closed it free fell from the 40th floor down to the 5th floor in two seconds, yet then it regained control and you had a soft landing on the ground floor and no physical injuries. Are you entitled for compensation for the emotional stress, panic and fear you suffered as a result of the elevator free falling for 35 floors???? Thus what this judge has said is you are not allowed to be compensated for fear or emotional stress and mental anguish caused by the defect. I am not so sure the judge is correct and more than likely his ruling will be appealed to a higher appeals court. Because in the past Courts have always considered mental anguish and emotional stress as "pain suffered". His ruling is like saying__yes the man held a gun to your head___put you are not entitled to any compensation because the man who held the gun to your head did not pull the trigger, so you suffered no physical injury.
        mckdarren
        • 1 Year Ago
        @sgentilejr
        First, it would take longer than two seconds for an elevator or any object to fall 350 feet, the approximate distance between your hypothetical 40th and 5th floors. Second, none of the named plaintiffs in this case alleged that they ever experienced any brake failure of any kind, much less any emotional distress that might have acccompanied such failure. Instead they alleged that, because of the publicy -- driven largely by their lawyers -- about possible brake failures, their vehicles were worth less in resale. They alleged damages in the form of theoretically less valuable cars, and the judge rightly rejected such boot-strapping.
      thumerzs
      • 1 Year Ago
      I'm not involved with this lawsuit, but I do own a 2010 Prius which exhibits the behavior claimed by these litigants. If braking when the wheel hits a large bump, the brakes seem to fail for a second. It isn't something that causes panic, but it is a bit disconcerting. Since I bought the car as a Certified Used vehicle from a Toyota dealer, the recall should have been performed.
        WMB
        • 1 Year Ago
        @thumerzs
        I don't think it's a vehicle issue....when your car hits a bumpy surface and you are braking, wheels (not all) are momentarily in air. The braking and no momentarily surface contact can cause this issue. ABS cannot always overcome laws of physics...:D
      oollyoumn
      • 1 Year Ago
      I have one of these cars. Mine was purchased in May of 09 (1st 2010 delivered in the area). I reported this problem to my dealer that year, but at the time they claimed to have no knowledge of the problem and it could not be reproduced at the dealership. Later it was recalled. The problem is that when braking at lower speeds (usually less than 30mph) and going over some rough road surface, the brakes may feel like they give out for a moment. The 1st time I experience this it was a little frightening since I was very close to a stop sign and needed to stop. After a few times, the drama was gone since it always stopped on time. After the recall the duration of the feeling that the brakes have just failed was shortened considerably, but it is not completely fixed. I don't complain about it because it is somewhat rare and is mostly a feel problem. This is the only problem I've had, and it's a much better car than most others I've owned. I've had full tank mpg in the high 60s on several occasions and never had a tank with less than 45 mpg (including snow driving). This is my first new Toyota, and it has been a very positive experience. I would have little hesitation on getting a second Prius. I am very interested in the VW XL1, but I doubt it will be an option and I would still keep the Prius. Prior to the Prius I have owned dozens of cars/trucks from many brands made in at least 6 different countries.
        BlackDynamiteOnline
        • 1 Year Ago
        @oollyoumn
        The point is you shouldn't have sued anyone about this issue..... BD
          oollyoumn
          • 1 Year Ago
          @BlackDynamiteOnline
          I cant' figure how you would have jumped to the conclusion that I did sue anyone, but you are completely incorrect, as expected on this site.
      lamby
      • 1 Year Ago
      Looks like the "suits" lost on this one!! Wow three years of litigation, and nothing to show for it, mabe they will think twice before taking a case like this one.....
      BlackDynamiteOnline
      • 1 Year Ago
      Americans looking for a frivolous cash grab in court? I know I'm shocked. At least they have a good judge to clear these things up..... BD
      Rotation
      • 1 Year Ago
      Why is this Prius pictured with the wheel aero trim rings and covers missing? You can see the retention bolt, among other things.
        Smoking_dude
        • 1 Year Ago
        @Rotation
        Because the picture has nothing to do with this story.
          Rotation
          • 1 Year Ago
          @Smoking_dude
          Why did anyone take those pictures in the first place? Who took out a haggard Prius to take shots of it?
        oollyoumn
        • 1 Year Ago
        @Rotation
        That is about a 4 year old picture. Pre-release gen3 Prii were shown to the press without wheel covers. I never heard why, but there where these pix on every site at that time. I only noticed this because I was looking for any information at that time to compare the gen3 Pruis to the new Insight.
        ponycargt
        • 1 Year Ago
        @Rotation
        It's a mod people do to enhance the aggressive looks of their Prius...you should see it with the black wheels the newer ones have...So mean!
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