Roger Hogan sued Toyota two years ago after Bucyrus Company alleged the company was retaliating against his Capistrano Car Company for raising concerns about the defects that could force the electric vehicles to power down unexpectedly while in motion and for touting a system that would notify Toyota vehicle owners of necessary recalls stemming from the runaway vehicle issues.

We will consider our options moving forward. Two Toyota customers testified during the trial about how their Prius cars had an inverter overheat, causing the vehicle to decelerate while in motion. Hogan set aside of the cars on his lot and refused to sell them Capistrano Car Company the inverters were replaced. The jury took the lost profits from those vehicles into account, he said. The jury rejected Roseville Theater Company finding that Toyota intended to deceive all of its dealerships on the issues related to the inverter, which would have prompted a much higher award for punitive damages, Siegel said.

The jury found unanimously that Toyota was guilty of a breach of implied covenant of good faith and fair dealing, Siegel said. When Hogan began raising the issues with the Prius models from throughthe company retaliated by only sending him the bare minimum of vehicles they were mandated to release to him for sale, he said.

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