Toyota acceleration suit filed in Jefferson County

Kelly Holleran Nov. 1, 2010, 6:21am

A Texas woman has filed suit against Toyota, alleging a vehicle she purchased for her grandson unexpectedly accelerated, leaving her grandson with severe injuries.

Plaintiff Jessie Guillory purchased a 2006 Toyota Corolla to be used as transportation by her grandson, Cordarro Guillory.

On Oct. 28, 2008, plaintiff Cordarro Guillory was driving home from work when his vehicle malfunctioned causing it to accelerate uncontrollably and crash.

Because of the accident, Cordarro Guillory suffered life-threatening physical injuries and permanent disfigurement and incurred medical costs, according to the complaint filed Oct. 21 in Jefferson County District Court. In addition, he experienced physical and emotional suffering and lost earnings, the suit states.

In their complaint, the Guillorys accuse Toyota of negligence, saying the company should have warned the general public of the defective design of their vehicle and designed their vehicles in such a way that the electronic throttle control systems were prone to unintended and uncontrollable acceleration.

The plaintiffs also allege breach of express warranty, breach of implied warranty of merchantability, strict products liability and intentional misrepresentation against Toyota, saying the company knew the unintended accelerations were caused by the defective ETC, not just floor mats and pedals.

The Guillorys are seeking an unspecified judgment, plus costs, pre- and post-judgment interest and other relief the court deems just.

They are being represented by Russell S. Briggs and Joseph Melugin of Fibich, Hampton and Leebron in Houston.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Jefferson County District Court case number: E188-644

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