Toyota's Own Drivers Were Behind the Wheel in Sudden Acceleration Cases, Court Filing Says

Photo: 2009 Toyota Tacoma bought back by a dealer in California

This article has been updated.

According to a new court filing, Toyota company documents reveal that its own drivers were behind the wheel in two separate cases when the vehicles experienced sudden acceleration, as their owners had alleged had happened to them.

One of the documents states, according to the filing, that a Toyota vehicle unexpectedly accelerated from 71 mph to 95 mph with "no pedal contact" while being evaluated by a Toyota service manager.

Toyota said it reported the cases to federal auto safety regulators in a timely manner, which the National Highway Traffic Safety Administration (NHTSA) confirmed to ABC News late Thursday.

Both cases were disclosed in documents filed as part of a class action suit against Toyota by dozens of Toyota owners who claim that cases of sudden unintended acceleration have caused them personal injury or financial harm due to the reduced resale values of their vehicles. Multiple lawsuits have been combined into one multi-district federal class action suit h in the U.S. District Court in Southern California.

Toyota bought both vehicles back from their owners -- who had brought them in complaining about sudden acceleration -- and both owners say Toyota urged them not to discuss the incidents.

The two cases could undercut Toyota's claims that every case of sudden acceleration can be attributed to driver error, faulty floor mats or sticky gas pedals.

Norma Deck told ABC News that she experienced two instances of sudden unintended acceleration with her 2009 Toyota Corolla and brought the car into the Penske Toyota dealership in Round Rock, Texas. According to the filing, a Toyota internal document says a Toyota "technician" took Deck's car out on an inspection drive.

The document states, according to the filing, that after proceeding from a stoplight, the "tech[nician] started to lightly accelerate" and after travelling "20-30 feet the vehicle exhibited a slight hesitation and then began to accelerate on its own." Engine speed "was estimated to have gone from 1500 rpm to 5500 rpm at the time of the occurrence," according to the filing.

Toyota Owner Signed Confidentiality Agreement

When contacted by ABC News, Deck said the dealership told her that they were able to replicate sudden acceleration in the Corolla. She said Toyota subsequently bought her Corolla back from her, but said she couldn't divulge more details because Toyota required her to sign both a confidentiality agreement about the sale and an agreement not to sue Toyota.

In Milpitas, California, the owner of a 2009 Toyota Tacoma brought his truck into the Piercey Toyota dealership after complaining that the vehicle accelerated without explanation. According to the court filing, another Toyota internal document states that in July of 2009 a dealership service manager took the vehicle on an inspection drive on a nearby freeway.

"As there was no traffic in front of them, the Service Manager removed his foot from the accelerator [and]moved it completely away from the pedal area," the document states, according to the filing, and "[t]he vehicle continued to accelerate at what felt like [an estimated] 70% throttle input with no pedal contact from the driver [and] within 300 feet of the initial acceleration, the vehicle had reached 95 MPH."

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