Plaintiffs’ attorneys are attempting to swerve around a government report that largely substantiated Toyota Motor Corp.’s position that its electronic throttle system wasn’t to blame for sudden unintended acceleration that led to crashes, economic losses and deaths.
They’ve been turning in recent months to emphasizing Toyota’s failure to install a brake override system in its cars and trucks that might have obviated the defect. “What we’re saying is, ‘Who cares what causes the [sudden unintended acceleration]?’ ” said Todd Tracy of The Tracy Firm in Dallas, who goes to trial against Toyota on June 3 in Marshall, Texas. “We all know it’s happening, but a brake override would eliminate it. That’s how we’re headed on this trial.”