William Lee Hemphill, 88, of Greensboro, North Carolina filed suit against Toyota Motor Corporation, Toyota Motor Sales and Flow Imports Incorporated on February 24, 2010.
Hemphill owns a 2004 Lexus LS430 that crashed into a pillar in a parking deck after “uncontrolled rapid acceleration” on December 11, 2009, according to an article on news-record.com. Hemphill broke his leg—an injury that required surgery—and has since spent weeks in recovery.
Hemphill filed suit against Flow Lexus of Winston-Salem, North Carolina because the company—which sold him the automobile claiming it was in “perfect condition” in 2004—failed to repair the vehicle when Hemphill initially complained of unintended acceleration months before his accident.
Toyota Motor Corporation, Toyota Motor Sales and Flow Imports Incorporated should each be held accountable for the injuries Hemphill has suffered. Each company is guilty of negligence because they failed to address the defective mechanics that led to the Lexus’s uncontrolled rapid acceleration and caused Hemphill’s injuries. They are also guilty of breach of implied warranty because the defective electronic throttle made the car unfit for use, leading Hemphill to be injured.