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Toyota quietly settles lawsuit in case that launched recall saga

LOS ANGELES — Toyota Motor Corp. has quietly settled a high-profile lawsuit over a fatal crash near San Diego last year that drew national attention to sudden acceleration in its vehicles and led to massive recalls and an unprecedented apology from its president.

The automaker revealed the settlement in a letter to a California Superior Court judge, but declined to provide any details of the terms, which it is seeking to keep confidential.

By getting the case off its growing plate of legal woes, Toyota can focus on an aggressive strategy to fend off lawsuits with less dramatic evidence, many of which point to potential electronic problems in vehicles.

But the settlement has left out co-defendant Bob Baker Lexus, a move by the automaker that could set the stage for a potentially bloody fight with its own dealers over who is to blame for sudden acceleration incidents.

"Toyota has sought to protect only its own interests. They decided to cut out their own dealer," said Larry Willis, attorney for Bob Baker Lexus, which lent the ill-fated Lexus ES to California Highway Patrol officer Mark Saylor in August 2009.

Saylor was killed, along with his wife, Cleofe Lastrella; 13-year-old daughter, Mahala; and brother-in-law Chris Lastrella when the sedan sped out of control and crashed over an embankment.

Investigators said the crash may have been caused by an improperly installed floor mat, but Willis argues the floor mat was not the problem. He said the accident could have been caused by an inherent defect in the car's electronics.

The suit, filed by Saylor's parents along with the parents of his wife and brother-in-law, was considered by far the strongest among the hundreds of sudden-acceleration cases brought against Toyota in the last year.

"Until they got rid of this case, it was going to be something everyone pointed at Toyota for," said Don Slavik, an attorney representing plaintiffs in sudden acceleration cases filed against the automaker in both federal and state court. "Now they're going to argue this was the dealer's fault alone and their cars aren't defective."

Bolstered by a 911 recording of the victims screaming, "There's no brakes!" moments before a fiery death, the accident set off a chain of events leading to congressional hearings, multiple federal investigations and record fines against the automaker.

On Monday afternoon, Toyota is expected to file motions with Superior Court Judge Anthony J. Mohr in Santa Ana, Calif., disclosing the settlement and requesting that its details be kept confidential, Willis said.

"Toyota and the Saylor and Lastrella families reached an amicable agreement in mediation that fully resolves their product liability claims against Toyota," the automaker said in a statement Friday.

Court filings indicate Toyota and the plaintiffs negotiated a settlement in early June.

Willis said that because the terms of the Saylor settlement could have a material effect on the outcome of his client's defense, he will oppose the request for confidentiality. "Our concern is that the dealership's interests have not been protected by Toyota," he said.

An individual involved in the mediation and who asked for anonymity said the plaintiffs had requested a $10 million settlement.

Tim Pestotnik, an attorney for the Saylor and Lastrella families, declined to comment on the settlement and would not discuss his plans for the suit against Bob Baker Lexus.

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