The case of the sudden accelerating Toyotas has entered a new phase as U.S. District Judge James V. Selna in Santa Ana, California, today said that the Japanese carmaker cannot force named plaintiffs seeking group status for a lawsuit to arbitrate rather than going to trial.
Judge Selna has presided over the litigation since 2010 and is the one who reinstated the lawsuit in October 2011, just 10 days after it was initially dismissed due to a lack of jurisdiction.
“Toyota has waived any right it may have to compel arbitration of 15 of the 20 class representatives’ claims”, said Selna, according to Bloomberg News. The judge added that, by being a non-signatory in the 15 aforementioned cases, the carmaker “has acted in a manner inconsistent with any right to compel arbitration”.
A lawyer for the suing car owners commented: “Our clients were not party to any arbitration agreement with Toyota, and in fact Toyota’s promise to consumers was that any arbitration was non-binding.”
Toyota Motor Sales USA spokeswoman Celeste Migliore said that, after the ruling, the company is currently reviewing its options.
The first three cases, which are expected to set a precedent, will be trialed in 2013. The first one, which concerns the death of two people in Utah, is scheduled for February 19.
