TL*THE CONTACT OWNS A 1997 LEXUS ES300. WHILE DRIVING 30 MPH UP HILL, HE NOTICED THAT THE VEHICLE WOULD NOT STOP ACCELERATING EVEN WHEN THE BRAKES WERE APPLIED. THE FAILURE CAUSED THE CONTACT TO CRASH INTO A BUILDING. THE CONTACT SUSTAINED INJURIES TO HIS NECK AND RIBS DURING THE CRASH. THE VEHICLE HAS NOT BEEN DIAGNOSED BY THE DEALER. THERE WERE NO PRIOR WARNINGS. THE CURRENT AND FAILURE MILEAGES WERE 210,000.