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Peters Twp. Man Sues Toyota

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Feb 3, 2010 11:12 pm US/Eastern

Peters Twp. Man Sues Toyota

PETERS TOWNSHIP (KDKA) ― A man from Peters Township and his attorney are claiming that Toyota's sudden acceleration problem may involve a lot more than just the accelerator and may affect models dating all the way back to 2002.

Robert Elms is suing Toyota over a wreck he says was caused by his electronic-controlled throttle.

His suit was filed long before Toyota's problems came to light.

Elms says he stepped on his brake, put his car into gear and his 2002 Camry went out of control and crashed.

The car is not included in Toyota's current recall, but his attorney, Jason Schiffman, says it should be.

"We have engineers who are, it is our belief, are able to substantiate the claim that the electronic-controlled throttle system in this vehicle was the cause of the unintended acceleration," he said.

If true, it's a problem far different than what Toyota is saying about acceleration problems. For Elms, it meant two years of pain and surgery.

He eventually had a hip replacement but still walks with a limp.

Elms says he's suing because he was tired of getting blamed.

" 'Old geezer and he was hitting the gas instead of the brake,' and I just wanted to show that that was not the case," he said.

Toyota is denying the claims in Elms' lawsuit, but federal investigators are taking a look at that throttle to see if there is a problem with it.

(© MMX, CBS Broadcasting Inc. All Rights Reserved.)

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