TL*THE CONTACT OWNS A 2008 LEXUS ES350. THE CONTACT STATED THAT THE VEHICLE SUDDENLY ACCELERATED OUT OF CONTROL AT NIGHT AND SHE WAS UNABLE TO STOP THE VEHICLE WHEN SHE APPLIED THE BRAKES. THE CONTACT WAS DRIVING APPROXIMATELY 40 MPH PRIOR TO THE FAILURE. THE VEHICLE DROVE OVER THE CURB AND COLLIDED INTO A TREE AND A RETAINING WALL. THERE WERE NO INJURIES AND A POLICE REPORT WAS FILED. THE CONTACT CALLED THE MANUFACTURER AND WAS TOLD THAT A REPRESENTATIVE WOULD COME OUT TO INSPECT THE VEHICLE. THE CONTACT NOTICED SMALL INSTANCES OF SURGING BUT NOT TO THE POINT WHERE SHE COULD NOT STOP OR CONTROL THE VEHICLE. THE VEHICLE WAS CURRENTLY AT THE BODY SHOP AWAITING INSPECTION. THE CURRENT AND FAILURE MILEAGES WERE APPROXIMATELY 45,000.