NHTSA Complaint #10732103 — 2009 LEXUS ES350

PETITION FOR A DEFECT INVESTIGATION INTO LOW-SPEED SURGING IN DIFFERENT MODELS OF TOYOTA AUTOMOBILES IN WHICH THE CAR STARTS ACCELERATING AND THE ENGINE RPM INCREASES WHEN ACCELERATOR IS NOT DEPRESSED. *SMD THE CONSUMER STATED ON FEBRUARY 13, 2015, HIS WIFE WAS DRIVING TO AN APPOINTMENT. SHE PULLED INTO THE PARKING LOT AND DID NOT HAVE HER FOOT ON THE BRAKE PEDAL AS SHE WAS COASTING INTO THE PARKING SPOT. THE VEHICLE SUDDENLY ACCELERATED. BIG BUSHES IN FRONT OF THE VEHICLE LIMITED THE SPEED, SO HIS WIFE TURNED OFF THE IGNITION AND THE VEHICLE FELL BACK. A WITNESS SAW THE ENTIRE EVEN AND ATTESTED TO THE FACT THE ENGINE SUDDENLY STARTED ROARING. THE FRONT OF THE VEHICLE WAS SMASHED. THERE WERE NO INJURIES. THE VEHICLE WAS TOWED FROM THE SCENE AND SUBSEQUENTLY INSPECTED BY A REPRESENTATIVE OF THE MANUFACTURER. THE PETITIONER DISPUTES THE MANUFACTURER'S CONCLUSION THAT THE EDR READOUT DOWNLOADED AS PART OF THAT INSPECTION PROVIDED NO EVIDENCE THAT THE INCIDENT "WAS THE RESULT OF ANY TYPE OF MANUFACTURING OR DESIGN DEFECT." *JB UPDATED 07/27/15. *JB UPDATED 07/29/15. *JLQ