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Date: Nov. 6, 2009

Victim: George E. Fitts

Location: Robertson County, Texas

Model: 2007 Lexus ES350

Details: George E. Fitts, a 72-year-old certified public accountant from the East Texas town of Marshall, was driving with his brothers, William and Billy Fitts, along U.S. 79 toward Austin, heading for a University of Texas football game. The Lexus accelerated out of control and rear-ended a truck, killing George Fitts and seriously injuring his brothers, a lawsuit filed this month contended.

The suit against Toyota was brought by Fitts' widow, Mary, their children and the wives of the injured men. It alleges that the automaker was negligent in the manufacture of the car's electronic throttle control, in its failure to recall and repair the alleged defect, and in its failure to warn vehicle owners of earlier reports of acceleration and braking problems.

Texas state troopers who investigated the accident said it appeared that Fitts hadn't seen that a truck driven by Shannon Marie Budzisz had stopped on the highway.

Budzisz was treated at a local hospital. A 6-year-old girl in the truck was uninjured.

-- Stuart Pfeifer, Carol J. Williams and Robert Faturechi
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