Montreal Gazette

$1.6B accelerati­on settlement approved for Toyota

- BILL CALLAHAN and EDVARD PETTERSSON BLOOMBERG NEWS

LOS ANGELES — Toyota Motor Corp. won final approval of a settlement, valued at as much as $1.63 billion by plaintiff lawyers, with U.S. consumers who claimed that recalls related to sudden, unintended accelerati­on caused their vehicles to lose value.

U.S. District Judge James V. Selna, who gave the accord preliminar­y approval in December, signed off on it at a hearing Friday in Santa Ana, Calif. On Thursday Selna posted a tentative decision approving the accord on the court’s website. The judge in June had delayed a decision until he received further documentat­ion how the money would be distribute­d.

“I reaffirm my conclusion that this settlement is fair, adequate and reasonable,” Selna said during Friday’s hearing. “I find this settlement to be extraordin­ary because every single dollar in the cash fund will go to claimants.”

The settlement resolves economic-loss allegation­s brought by Toyota drivers following the recall of more than 10 million vehicles worldwide in 2009 and 2010 for problems related to possible unintended accelerati­on, including sticky accelerato­r pedals and floor mats that could shift out of position.

Toyota, based in Toyota City, Japan, said in December it would take a one-time $1.1 billion charge to cover the costs of the settlement.

“This settlement is focused on getting the maximum amount to our customers,” John P. Hooper, a lawyer for Toyota, said. The company was confident it would have won at trial and agreed to settle only because it was “trying to find a resolution that would be of value to Toyota customers and put this litigation behind us,” he said.

The settlement includes $757 million in cash, and $875 million in non-monetary benefits, according to the plaintiff lawyers’ April 23 request for final approval.

“Those people who submitted claims are getting 100 per cent of their claims in this settlement,” said Steve Berman, an attorney for the plaintiffs. Individual payments will range from $9.74 to $10,000, depending on the Toyota model owned, rented or leased, he said.

The settlement doesn’t resolve personal-injury and wrongful-death lawsuits based on allegation­s Toyota’s vehicles caused accidents through unintended accelerati­on.

A trial is scheduled in Los Angeles this month on claims by the widower and son of a 66-year-old woman whose Toyota Camry crashed against a tree in 2009.

The economic-loss cases are combined as In re Toyota Motor Corp. Unintended Accelerati­on Marketing, Sales Practices and Products Liability Litigation, 8:10-ml02151, U.S. District Court, Central District of California (Santa Ana).

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