2010 Toyota Prius – Click above for high-res image gallery

The only surprise is that it took this long. Following the troubles Toyota Motor Company has been having with stuck accelerators and massive recalls, a class action lawsuit has been filed over the issues with the company's hybrid vehicles. Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., has filed a complaint in United States District Court Middle District of Alabama (1:10-CV-96997) on behalf of owners of a Prius and/or Lexus hybrids. Toyota recalled the Prius and the Lexus HS earlier this week to fix the brake system.

The complaint:
charges Toyota with breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness for particular purpose, fraudulent concealment, unjust enrichment, and breach of the covenant of good faith and fair dealing. The complaint alleges Toyota concealed facts relating to the defects in the accelerator braking system.

This is the third class action lawsuit filed against Toyota by Beasley this month over the recalls. More details about these after the jump.

[Source: Beasley Allen Law Firm]




PRESS RELEASE

Beasley Allen Files Class Action Complaint on Behalf of Toyota Prius, Lexis Hybrid Owners

MONTGOMERY, Ala., Feb. 11 /PRNewswire/ -- Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., has filed a complaint on behalf of more than 500,000 Toyota Prius and Lexus Hybrid owners whose vehicles have been recalled by Toyota Motor Sales, USA Inc. The complaint was filed in the United States District Court Middle District of Alabama (1:10-CV-96997) against Toyota Motor Corporation and Toyota Motor Sales, USA, Inc.

The complaint charges Toyota with breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness for particular purpose, fraudulent concealment, unjust enrichment, and breach of the covenant of good faith and fair dealing. The complaint alleges Toyota concealed facts relating to the defects in the accelerator braking system.

Dee Miles, who heads Beasley Allen's consumer fraud and class action department, will be working with lawyers Brian W. Smith in Florida, Joe R. Whatley in New York and Howard Rubinstein in Colorado.

"Toyota knew about these defects long before they issued a recall, yet they continued to market the vehicles as safe and reliable," says Miles.

Kelley Blue Book has adjusted the New Car Blue Book transaction value of the 2010 Toyota Prius down by $1,000 to $1,500 following Monday's recall announcement, and dropped the used-car values of 2009 and older models of the Toyota Prius by 1.5 percent. Used-car values of previously recalled Toyota models had already dropped by 1 to 3 percent last week and are expected to drop an additional 1.5 percent.

On February 3, Transportation Secretary Ray LaHood told Toyota owners they should not drive their recalled vehicles. Secretary LaHood later recanted his statement; however, millions of Toyota owners have been left worried that their vehicles are potential deathtraps.

Today's complaint follows two other class action lawsuits filed by the Beasley Allen firm this month. On February 4, Beasley Allen filed a complaint seeking class action status on behalf of over 5 million Toyota owners whose vehicles have been recalled by Toyota Motor Sales, USA Inc. The complaint was filed in the United States District Court Southern District of Florida (10-80208-CIV-ZLOCH/Rosenbaum) against Toyota Motor Corporation and Toyota Motor Sales, USA Inc. A similar complaint was filed in the U.S. District Court Middle District of Alabama (1:10-CV-03423).

Beasley Allen also has filed an individual product liability suit in the District Court of Oklahoma County, State of Oklahoma, on behalf of Plaintiffs Jean Bookout and Charles Schwarz, against Toyota Motor Corporation, Toyota Motor Sales USA, Inc.; Toyota Motor Engineering and Manufacturing North America, Inc.; and DUB Richardson Toyota (CJ-2008-7969). This suit involves a case of unintended acceleration of a 2005 Toyota Camry, which resulted in serious injury and death.

About Beasley Allen Law Firm

Headquartered in Montgomery, Alabama, Beasley Allen is comprised of over 42 attorneys and 200 support staff. Beasley Allen is a national leader in civil litigation, with verdicts and settlements of over $22 billion including the $4.85 billion settlement with Merck on behalf of over 50,000 Vioxx claimants. The Merck settlement led by Beasley Allen was the largest settlement in American history. For more information about our firm, please visit our website at www.beasleyallen.com
.