Colson Hicks Eidson Files Class Action Lawsuit Against Toyota

March 4, 2010 / 10:43 am

Complaint Alleges Automaker Equipped Cars Knowingly with Defective Electronic Throttle Systems

MIAMI (March 4, 2010) – Leading Coral Gables-based trial law firm Colson Hicks Eidson filed a class action complaint in the U.S. District Court for the Southern District of Florida on March 3rd on behalf of Plaintiffs: Sharlene Cohen-Goldberg, Tiffany Jones, Thelma Reid and other Florida and national class members and similarly situated Plaintiffs against Defendants: Toyota Motor Sales, U.S.A., Inc; Toyota Motor Corporation and their affiliates, the Firm announced today. The complaint alleges the Defendants knowingly designed, manufactured, distributed and sold certain automobiles equipped with the Electronic Throttle Control System with Intelligence (ETCS-i) that is defective and can cause sudden unintended acceleration (SUA) of the vehicle engine.

Lewis S. “Mike” Eidson, founding partner at Colson Hicks Eidson, will serve as lead counsel on behalf of the Plaintiffs.  A nationally recognized authority on automotive recalls, Eidson, at age 29, and his partners, tried and won the first case alleging that the Ford Pinto fuel system was defective. He was also involved in the Chrysler Minivan latch case that led to the recall of 4 million vehicles, and was national co-lead counsel in the Ford Explorer/ Firestone tire litigation.

According to the suit, the Plaintiffs allege that Toyota and Lexus vehicles equipped with the ETCS-i are defective and unsafe and are susceptible to incidents of sudden unintended acceleration rendering such vehicles uncontrollable. The Plaintiffs further allege that the Defendants failed to incorporate important failsafe measures critical to assisting a driver in maintaining control of the vehicle during a sudden unintended acceleration event. One such failsafe measure is a computer algorithm that will direct the ETCS-i to automatically reduce the engine to idle when the brakes are being applied while the throttle is in an unintended open position. This measure, also referred to as “brake-to-idle” algorithm or simply “brake over-ride”, has been incorporated by other automobile manufacturers in vehicles designed with electronic throttle control for years. According to the suit, brake override will eliminate sudden unintended acceleration problems regardless of the cause and many other manufacturers already incorporate this feature in their vehicles. Toyota has announced that it will incorporate brake override in its vehicles beginning with the 2011 model year.

Since the introduction of ETCS-i, more than 2,600 complaints of sudden unintended acceleration have been made to the Toyota Defendants and government agencies. According to the suit, ETCS-i has resulted in automobile accidents causing more than 34 deaths and hundreds of accidents and injuries over the past decade and these numbers are likely underreported. More than six million vehicles have been recalled by Toyota.

“Toyota was fully aware of the recurring problem of sudden unintended acceleration in their Toyota and Lexus vehicles equipped with ETCS-i and the serious risk of injury or death that it presented to drivers of these vehicles and they continued to manufacture and sell the cars,” says Eidson. “This action seeks to hold Toyota accountable for damages sustained by Toyota owners and to force Toyota to take appropriate steps to eliminate sudden unintended acceleration in its vehicles.”

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Colson Hicks Eidson has been named to the 2027 edition of “Best Law Firms” by Best Lawyers®, recognized at both the national and regional levels. Twelve of the firm’s attorneys were also named to the 2027 edition of Best Lawyers across multiple practice areas.

Best Lawyers® ranks top lawyers and law firms through a peer review process, using feedback from lawyers, clients, and professional references, along with firm data. 

We’re proud to be recognized in the following categories:

National

  • Mass Tort Litigation/Class Actions – Plaintiffs

Miami

  • Bet-the-Company Litigation
  • Commercial Litigation
  • Criminal Defense: White-Collar
  • Insurance Law
  • Mass Tort Litigation/Class Actions – Plaintiffs
  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs
  • Professional Malpractice Law – Defendants

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

We are pleased to announce that the Miami-Dade Bar has named partners Stephanie A. Casey and Thomas A. Kroeger 2026 Circle of Excellence Award honorees. Stephanie was recognized in the Civil Litigation category and Tom in the Appellate category.

Both were selected for exemplifying skill, integrity, and professionalism in their respective practice areas, with honorees chosen by a committee of past recipients following input from the local legal community.

Stephanie has more than 15 years of experience handling complex civil litigation and class actions in state and federal courts, on both the plaintiff and defense sides. She represents businesses, injured consumers, whistleblowers, and individuals improperly denied health benefits.

Tom’s practice focuses on complex civil litigation and appellate matters, including personal injury, wrongful death, medical negligence, product liability, and other complex disputes. He has argued appeals before state and federal appellate courts, including the Eleventh and Eighth Circuit Courts of Appeals.

They will be honored at the Miami-Dade Bar’s Annual Awards Ceremony on November 18 at the Biltmore Hotel in Coral Gables. Register here. 

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

We are pleased to announce that all of our partners have been named to the 2027 Lawdragon 500 Leading Litigators in America guide. Congratulations to Susan Carlson, Stephanie A. Casey, Dean C. Colson, Lewis S. “Mike” Eidson, Joseph J. Kalbac Jr., Julie Braman Kane, Thomas A. Kroeger, Zachary A. Lipshultz, Roberto Martínez, and Curtis Miner.

We are proud to celebrate their work and the exceptional litigation talent across our firm. This recognition reflects their dedication to excellence in advocacy, meaningful contributions to complex litigation matters, and continued leadership within the legal profession.

This guide is based on a record number of submissions, combined with journalistic research and independent vetting through clients and peers.

Click here to read the full guide.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson has secured key rulings on behalf of the family of Cristian Fernandez in a wrongful death lawsuit arising from a 2023 collision between a Fisher Island ferry and a recreational vessel in Miami’s Government Cut.

During a September 1 hearing, Eleventh Judicial Circuit Judge Abby Cynamon granted the estate’s motion for partial summary judgment, finding that the defendant was operating and in control of the recreational vessel when it collided with a Fisher Island ferry. Cristian, a 27-year-old passenger aboard the recreational vessel, tragically lost his life in the collision.

The court also denied the defendants’ motion for partial summary judgment regarding the ferry, finding that the evidence concerning any alleged navigational rule violations was disputed.

Colson Hicks Eidson partner Thomas A. Kroeger argued the motions on behalf of Cristian Fernandez’s estate. Tom and partner Julie Braman Kane represent the Fernandez family in the litigation.

Colson Hicks Eidson is proud to continue representing the Fernandez family in seeking justice for Cristian.

Media coverage includes:

Law360 – Boater Was In Control In Fatal Ferry Crash, Fla. Judge Rules

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Congratulations to Colson Hicks Eidson attorneys, Susan Carlson, Stephanie A. Casey, Dean C. Colson, Lewis S. “Mike” Eidson, Joseph J. Kalbac, Jr., Julie Braman Kane, Thomas Kroeger, Roberto Martinez, and Curtis Miner, who have been recognized in the 2027 edition of The Best Lawyers in America®.

And congratulations to Eleni I. Constant, Zachary A. Lipshultz, and Sabrina S. Saieh, who are each recognized in Best Lawyers: Ones to Watch.

Best Lawyers’ lists of outstanding lawyers are developed through peer review surveys where tens of thousands of lawyers evaluate their professional peers. Best Lawyers recognized attorneys in all of the firm’s core practice areas. 

Susan Carlson

  • Personal Injury Litigation – Plaintiffs

Stephanie A. Casey

  • Commercial Litigation
  • Mass Tort Litigation / Class Actions – Plaintiffs

Dean C. Colson

  • Bet-the-Company Litigation
  • Commercial Litigation
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs
  • Professional Malpractice Law – Defendants
  • Professional Malpractice Law – Plaintiffs

Lewis S. “Mike” Eidson

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Joseph J. Kalbac Jr. – “Lawyer of the Year”

  • Commercial Litigation
  • Insurance Law
  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Julie Braman Kane

  • Commercial Litigation
  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs

Thomas Kroeger

  • Personal Injury Litigation – Plaintiffs

Roberto Martínez

  • Bet-the-Company Litigation
  • Commercial Litigation
  • Criminal Defense: White-Collar

Curtis Miner 

  • Commercial Litigation
  • Criminal Defense: White-Collar
  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Personal Injury Litigation –  Plaintiffs

Eleni I. Constant

  • Personal Injury Litigation – Plaintiffs

Zachary A. Lipshultz

  • Commercial Litigation
  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Personal Injury Litigation – Plaintiffs

Sabrina S. Saieh

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

We are pleased to announce that nine of our partners have been named to the 2026 Lawdragon 500 Leading Global Litigators guide. Congratulations to Stephanie A. Casey, Dean C. Colson, Lewis S. “Mike” Eidson, Joseph J. Kalbac Jr., Julie Braman Kane, Thomas Kroeger, Zachary A. Lipshultz, Roberto Martínez, and Curtis Miner.

We are proud to celebrate the outstanding work of our partners and the exceptional litigation talent across our firm. This recognition reflects their unwavering dedication to achieving outstanding results for clients and their continued leadership within the legal profession.

This guide is based on a record number of submissions, combined with journalistic research and independent vetting through clients and peers.

Click here to read the full guide.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.