TL*THE CONTACT OWNS A 2008 LEXUS ES350. ON FEBRUARY 9, 2010, WHILE THE CONTACT WAS ATTEMPTING TO CHANGE GEARS WITH HIS FOOT ON THE BRAKE, THE VEHICLE SUDDENLY ACCELERATED. HE ATTEMPTED TO SLOW THE VEHICLE DOWN BY DEPRESSING THE BRAKE PEDAL WITH BOTH FEET BUT THE VEHICLE DID NOT STOP AND COLLIDED INTO A WALL. THE DRIVER WAS NOT INJURED BUT THE PASSENGER DID SUSTAIN INJURIES TO THE MOUTH AND UPPER BODY. A POLICE REPORT WAS FILED. THE CURRENT AND FAILURE MILEAGES WERE APPROXIMATELY 28,000. THE CONSUMER IS REQUESTING THE FINDINGS ON THE VEHICLE. UPDATED EVOQ 10/13/10 THE CONSUMER ALSO STATED THE AIR BAGS FAILED TO DEPLOY. UPDATED 02/25/11