Unintended Acceleration After The "Fix"
An elderly Florida couple is suing Toyota and the dealership that allegedly “fixed” their Camry two weeks before it injured them in an unintended acceleration.
Harold and Selma McCrensky of Boynton Beach, Florida, bought their 2009 Toyota Camry from Ed Morse Delray Toyota on May 17, 2008.
On January 28, 2010, the McCrenskys had a problem with their Toyota and brought it into the dealership, complaining of sudden accelerated. After the vehicle was towed in, it was presumably inspected and the McCrenskys were told there was no problem with the car.
The McCenskys then brought their vehicle in for the “fix” of its accelerator system as was specified by the January 2010 recall. Then it happened again.
On February 26th, two weeks after the car was allegedly fixed, the McCrenskys were sitting at a traffic stop light in Delray Beach, Florida.
When Harold took his foot off the break and accelerated, he says the vehicle took off.
“It shot off like a wild horse, whatever way it wanted to, on Lake Ida Road and went onto Congress Avenue, then bang, bang,” Mr. McCresney tells IB News.
When the car stopped, it had run into a Lexus and was hit in the passenger side by a van. The couple was taken to areas hospitals. Harold, 83, was covered in blood, received a CAT scan and had 11 staples put in his head. He says he can’t lift his right arm and the base of his spine is so painful he can’t walk, even with a walker.
His wife, Selma can’t help him so they’ve hired help to come into their home 24/7.
Selma, 80, suffered a broken wrist, a sprained ankle and an injury to her back that continues to be painful.
“I was absolutely screaming the pain was so unbearable. They took me hospital, they gave me morphine. The pain was excruciating. I’m still in a lot of pain” she says.
Selma remembers seeing the face of the woman driving the Lexus just before the crash, “I saw the horror on her face.” And she remembers screaming “we’re going to get killed” before the crash.
Now all she knows is that she doesn’t want another Toyota ever again.
“I’m hurt and absolutely furious with them. Day and night, taking care of me is so stressful. I had to go to the doctor this morning I was petrified in the car, any car that came close to us, I shuddered. Forget it. They could bring me 10 new Toyotas to your door and I would refuse.”
Their complaint names the Toyota Motor Corporation and Ed Morse Delray Toyota charging breach of express warranty; breach of implied warranty for assuring them that the vehicle was safe to drive; as well as fraudulent concealment for withholding the facts about defective Toyota vehicles; the sale of a defective product; a failure to warn; and negligence.
McCrensky says with four different fixes, the credibility of the company is in jeopardy.
“Toyota told me I’d never have to worry about it again,” says Harold McCrensky. He now wonders if he ever received a fix of his Camry.
A jump in new Toyota sales in March may be due to the currently running ad campaign that promises incentives, such as zero interest for five years, subsidized leases, and free maintenance. The company thanks customers for sticking behind them.
Mr. McCrensky says the company doesn’t have credibility after four alleged fixes and the purpose of the lawsuit is to find out what is really going on.
“I want everybody to know what’s going on with Toyota not what Toyota is saying. If I and others all speak up then they will realize they are in trouble.”
The lawsuit was filed by Smith & Vanture, LLP of West Palm Beach, Florida, which also filed a class action against the dealership on behalf of anyone who purchased a Toyota from Ed Morse from January 2004 until January 2010.
Earlier this week, in an unrelated case, a 2008 Toyota Prius owner says his vehicle accelerated out of control on a San Diego highway and only slowed when a CHP officer shouted out instructions through a bullhorn and talked the driver into stopping the car, then blocked the Prius with his own car.
Another runaway 2005 Prius this week in Westchester County, New York had reportedly been serviced by Toyota for the floor-mat problem. #