Ohio couple sues over recall, claiming fraud

February 4, 2010 at 12:00a.m.

CINCINNATI (AP) — A Cincinnati couple represented by a veteran civil-action attorney has filed a lawsuit against Toyota charging fraud and negligence over a safety issue involving gas pedals that has caused a massive auto recall.

The lawsuit, filed Tuesday in Hamilton County Common Pleas Court, seeks class-action status on behalf of all Ohio residents who have bought or leased Toyota-manufactured vehicles subject to the recall. Attorney Stan Chesley, who filed the lawsuit on behalf of Hugh and Pamela Cox, said Wednesday that the class could involve thousands of Ohio residents.

Toyota recalled more than 4 million vehicles in October over problems with pedals’ catching on floor mats. Last month, it recalled 2.3 million vehicles due to concerns over gas pedals that can stick when drivers step on the gas.

“This is more than just negligence,” Chesley said Wednesday. “This is something that Toyota has known and kept hidden from the government and the public.”

The Coxes have not had any injuries due to the pedal problem, but the lawsuit says they are unable to drive their car “due to the danger of serious injury and death that can result from sudden acceleration from unknown causes.”

Besides unspecified punitive damages, the lawsuit against Toyota Motor Sales USA and other affiliates of the automaker also wants Toyota to pay lease and loan payments on those vehicles until the problem is fixed and provide or reimburse owners for the cost of replacements until their vehicles are repaired.

Toyota said Monday that it is sending parts to dealers this week to fix the gas pedals.

Chesley said there is no proof that Toyota’s latest solution will solve the problem.

A spokesman for Toyota Motor Sales said Wednesday that the company does not comment on pending litigation.