TL* THE CONTACT OWNS A 2005 TOYOTA PRIUS. WHILE ATTEMPTING TO PULL INTO HIS DRIVEWAY TO PARK THE VEHICLE AND DEPRESSING THE BRAKE PEDAL SIMULTANEOUSLY THE VEHICLE ABNORMALLY ACCELERATED. THE BRAKES WOULD NOT ENGAGE AND THE VEHICLE CRASHED INTO THE GARAGE CEMENT WALL. THE CONTACT IMMEDIATLEY ENGAGED THE EMERGENCY BRAKE IN AN ATTEMPT TO STOP THE VEHICLE FROM PROCEEDING ANY FURTHER. THE PASSENGER IN THE VEHICLE SUSTAINED MINOR INJURIES TO HER HEAD AND FACE AREA. THE POLICE ARRIVED AND A REPORT WAS FILED ACCORDINGLY. THE MANUFACTURER WAS CONTACTED AND HE WAS AWAITING A REPLY, TO DATE. TWO MONTHS PRIOR TO THE INCIDENT, HE NOTICED HIS VEHICLE WAS UNDER RECALL (NHTSA CAMPAIGN ID NUMBER: 09V388000: VEHICLE SPEED CONTROL:ACCELERATOR PEDAL) AND TOOK THE VEHICLE IN FOR REPAIRS. THE DEALER ADVISED HIM THERE WAS NOTHING WRONG WITH THE VEHICLE UPON A VISUAL INSPECTION. A DIAGNOSTIC WAS NOT PERFORMED ON THE VEHICLE AND THE VEHICLE WAS RELEASED TO THE OWNER. THE FAILURE AND CURRENT MILEAGES WERE APPROXIMATELY 40,000. UPDATED 6/1/10 *CN UPDATED 06/17/10*JB