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Local Toyota Owners File Suit Over Recall

POSTED: 7:04 pm PST January 29, 2010
UPDATED: 7:30 pm PST January 29, 2010

Toyota said it is close to a solution for millions of vehicles recalled for a faulty gas pedal, but some people do not believe the problem will be corrected.

For Carlsbad resident Robert Bender, driving his Lexus SUV could turn into a sudden nightmare. A few months ago, a sudden acceleration led to a collision in front of a senior center in Encinitas. This was his third accident caused by the same problem.

Bender said, "I pressed on the brake and it sped up. Your heart rate goes into your mouth and you just go crazy. How are you supposed to deal with this?"

Millie Mussomeli related to this phenomenon. Four years ago, as she was riding in the passenger seat of the Lexus sedan her husband was driving, the car went out of control in an El Cajon shopping center and slammed into four cars.

Mussomeli said, "I am a hundred percent sure this was an accelerator issue. The floor mat was clear of the gas pedal. I was hysterical. We finally came to a stop by hitting a car head-on."

Bender and Mussomeli said that they did not experience the pedal getting gradually sticky over time. Both are joining one of several class action lawsuits, alleging problems with Toyota's electronic throttle-control system (ETCS), which connects the accelerator with engine control.

The ETCS is equipped on vehicles -- beyond the current recall list, including Lexus Models.

Toyota has denied such a problem, and they have support. The National Highway Traffic Safety Administration told 10News, "We've conducted several investigations, but have not found any defect with the electronic throttle system."

However, auto safety advocate Sean Kain, who has tracked more than 2,200 sudden acceleration complaints with Toyota, said that the problems cannot be explained by a sticky gas pedal or floormats. He told 10News, "It looks more like a red herring. The problem they have is more widespread."
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