Lawsuit: Toyota Buried Accident Evidence

(CBS)  By CBS News Investigative Unit Contributor Myron Levin

Automaker Toyota has been charged in a class action suit with illegally hiding evidence from plaintiffs in cases stemming from highway deaths and injuries across the U.S.

The suit filed in U.S. District Court in Los Angeles echoes the explosive claims of former Toyota attorney Dimitrios P. Biller, who in a separate racketeering case accused his former employer of concealing and destroying evidence that should have been provided to plaintiffs.

As first reported Saturday by CBSNews.com, , such as e-mails, as part of a "ruthless conspiracy'' to withhold relevant evidence in vehicle rollover cases.

Toyota spokesperson Zoe Zeigler declined comment on the class action complaint, saying company lawyers have not yet had a chance to review it.

The suit seeks to represent all plaintiffs who lost or settled cases in which Toyota allegedly concealed evidence. It was filed late Friday by lawyers for Bella Basco and Crystal Ennis, both of whom suffered catastrophic injuries in rollover wrecks when vehicle roofs collapsed.

Basco, 36, of Saskatchewan, Canada, sued Toyota in 2005 after a crash of a Toyota Corolla left her a quadriplegic. In August, 2007, a jury in Los Angeles absolved Toyota on a 9-3 vote, finding that the design of the roof structure was not a substantial factor in her injuries.

Ennis, 24, of San Bernardino County in California, sued Toyota in 2003 after becoming quadriplegic in a rollover of a Toyota Camry. Her case was settled on confidential terms in September, 2007.

Triggered by Biller's sensational allegations, the class action is the first salvo in what will likely be a wider campaign to reopen cases previously won or settled by Toyota. Richard McCune of McCuneWright, LLP, in Redlands, CA., which represented Basco and Ennis and filed the class action, acknowledged that he had no independent confirmation of Biller's charges.

But in the Basco and Ennis cases, there was key information "that a company like Toyota should have had, and which they claimed they did not have, such as fundamental test reports,'' he said. If Biller is correct, significant evidence was withheld, and everyone else who had cases in the same time period "was in the same boat that we are," McCune said.

Biller, a managing counsel for Toyota Motor Sales, USA, Inc., in Torrance, Calif., from 2003 to 2007, claimed in his lawsuit that he repeatedly complained to supervisors that the company was illegally withholding evidence. He said the conflicts caused him to suffer a mental breakdown and leave the company in September, 2007, with a $3.7 million severance agreement.

Biller, 46, said that when he learned of the company's failure to produce test data from an engineering subsidiary, he attempted to collect and preserve the information. Nonetheless, the engineering unit "was allowed to destroy relevant information and documents that should have been produced in, approximately, over 300 rollover accidents involving roof crush issues.'' The suit also claims that Toyota regularly withheld records on its internal standard for roof strength, and allowed witnesses to testify that the standard didn't exist.

In a statement issued Friday on the Biller case, Toyota called his accusations "inaccurate and misleading.'' Company lawyers have not filed an answer to his lawsuit, but have brought a motion to seal the complaint, claiming it is "rife with privileged and confidential information'' that Biller, as a former Toyota lawyer, has no right to divulge.

Like the Biller complaint, the class action names Toyota Motor Corp. of Japan, Toyota Motor Sales, and five current or former executives and lawyers with Motor Sales. It seeks certification of two separate classes -- one of Californians and the other of plaintiffs from other states who lost or settled cases with Toyota.

[bgorajia]

On 3/27/11 my wife and I were involved in an accident with our 2005 Toyota Avalon. It was caused by the Toyota Sudden unintended Acceleration problem (SUA). Even though NASA and National Highway On 3/27/11 my wife and I were involved in an accident with our 2005 Toyota Avalon. It was caused by the Toyota Sudden unintended Acceleration problem (SUA). Even though NASA and National Highway Traffic Safety Administration (NHTSA) do not recognize the problem, nor Toyota admits that such problem exists, we know from our own experience that it is a real problem. When SUA happens no breaks will work. Some of the websites suggest several things you can do in SUA situation, if you have time to do it and if you are in a position to think about it at that time. To all Toyota and Lexus owners and those who are planning to buy please be prepared. Our car was recalled for gas paddle modification which was completed in April 2010. This is a deliberate diversion to the problem of SUA by Toyota.

[billdacat1]

all Toyotas meet the government safety standards when they were built.


uhh.. the govenrment DOES NOT check all the vehciles to see if they meet standards...

if you don't believe it, consider the toys with lead paint that were coming from China.. we do not check ther iimported goods.. they flow freely in ...

It is no surprise that the vehciles are crushed if they roll over.. and that they have sticking accelerators.. the perception of Toyota is far better than the reality.. they have focused on growing at the expense of quality..

I buy American brands.. the cars are similar in quality now.. and .. toyota is behind in quality if you consider deaths and tragic accidents including rollovers and stuck accelerators as being on a higher order than an extra one mm gap in a door..

Toyta has been hiding defects for a very long time.. The Japanese govt sued them for it about a decade ago.. they were GUILTY of knowingly hiding defects that could endanger drivers.

[rbaum1]

I am personally a victim of the "stuck gas pedal". My 2007 Camry SE with the V6 took of on me twice. The first time was only days after I bought it. The dealer changed the throttle body assmby. and the second time was the standard floor mat speech. When it happened the second time, I was doing over 100 mph on a 2 lane road. Thank the lord, nothing was in front of me. I was able to put the car in neutral, turn the key to off and coast to a safe stop. I traded this car in fear that my 16 year old son or wife would end up seriously hurt or even worse. I would love to testify or speak in front of congress in ref. to this crappy situation that Toyota is trying to throw a solution to the wall and see if the public will buy it. Please don't think that I am a Toyota basher. I am currently on my 5th Toyota.

[EJ_W]

Toyota - Lies Likely Continue

Pedals and hardware, even the floor mat BS, is likely NOT the real problem; if I were to guess, I'd suspect that their sophisticated electronics have very serious issues; and, perhaps....perhaps the recall asserting hardware is the true problem will also, during the recall, test or alter electronic issues supporting acceleration via the gas petals. (Floor mat explanations suggested LIES from the outset; the truth, if known, may bankrupt Toyota! So much for quality.)

[EJ_W]

Perhaps Toyota ought to disclose that quality is 3rd, death is second and personal injury is 1st. Unintended acceleration issues have existed since 2002. But electronic issues involving approximately 25 million vehicles is apparently an unacceptable consideration. Apparently, these incidents were likely caused by driver confusion - they simply got the brake and gas petals mixed up! And government accepted this fact. What, then, might be the role of government? Business 1st, perhaps, as long as personal injuries remained within acceptable limits?

[farminky]

This is another case of deception on Toyota's part. They try to teach their team members about values to make them weak and run all over them. Toyota is the best at deception. If
Toyota had nothing to hide they would be glad to open up their records. The old saying is "where there is smoke there is fire" Ha Ha Ha
I hope they get whats coming to them.

[STINGRAYSSTUDIOS]

I have watched for years & waited for this day...when TOYOTA or as was the original "TOYODA", a sewing machine company which was given birth by a Royal Japanese Government decree & funding (to this day) due to the war between Japan & China, to build "motor vehicles", would be called to task for it's unethical rape of American citizens. Of course it takes people dying before anything is done to STOP the debased proliferation of JUNK that Toyota pawns off as an "automobile" by bribing USA car dealers with twice the commissions of American cars, paying the bills for dealers, even if they did not sell ONE car...& generally "Creating a Lie" that Toyota is # 1 & the Best in the World.

THAT has ALL been proven to be only something a simpleton would buy.

Losing over $9 billion in 2009, with EVERY model they sell involved in Major Recalls, The trucks rusted out their frames, the cars have transmission, cam shaft & accelerator linkage defects, which HAVE caused hundreds of fatal accidents & most recently over 3 million Camrys, Lexus & other junk piles were recalled due to 7 DEATHS caused by these cars !!!...& TOYOTA buries the evidence.

This is the most disgusting excuse for a Car Company Ever...Die Toyota.

[elviselvis]

Here is a list of pending class action lawsuits and investigations regarding automobiles:

http://www.classadvocate.com/?direct=y&category=product&product_root%5B%5D=1402

[foreverusa]

It's unfortunate that a lot of Americans think that buying a Japaneze car built in the USA is good for our Country. Sorry, Wrong! over 75% of the money you spent for it went to the Far East, helping their troubled economy. Also too bad people think their getting a better car....wrong again. Do the research before you buy. Buy American

[reality42]

You are a greedy American always wanting the best for you and screw the other people in the world from other country's. Time to level the playing field for the world to be a better place.
You should get out and travel the world and see how lucky you are.
Winer

[bubbadubba]

Toyota Corolla has a four star rollover resistance rating which exceeds many ratings of other cars.
So why did the cars roll over?
DUI? Speeding? Talking on a cell phone ? Not paying attention ? If the driver had not rolled the car they would not have been injured.
I notice that issue is not addressed in the "story".
Well at least the trial lawyers will make tens of millions and we should all be happy about that.
Also note that if the attorneys representing the injured people accepted lesser settlements rather than go to trial they are guilty of malpractice. Withholding evidence is not an excuse since the attorneys should have done their own tests and done their jobs for their millions in fees.
This is all about more money folks.

[fstop100]

To: antoniof123

If you are blaming one political party you are ignorant.
Everyone in Wahington is to blame.
We need to vote out Repubs. and Dems.
Vote for independents, time for us to take control of our counrty.

[bubbadubba]

Now that the US automakers have been bailed out, time to attack the number one auto producer using the media so the stock prices for the US automakers can go up and the wealthy can make lots of money off all that stock they bought.
If you read carefully, this is a nothing story and amounts to pure propaganda. Toyota should sue.
I say that I have never even owned a Toyota and both my cars are American cars.
Enough of the lies.
As far as I am concerned Toyotas are just as safe or safer than any other car their size. One important point left out, all Toyotas meet the government safety standards when they were built.
This is about people being poor drivers, getting hurt, and expecting someone else to pay for their mistake.
End of story.

[dk1270]

This story is probably true. I worked at Toyota corp. They have a long history of this. They a large legal department to screw their customers. From what I have heard,they had to be sued or threatened to be sued to comply with the OBD emission standard that every automaker has to use. They had to be sued or threatened to make them call a recall a recall and not a service bulletin. They were obsessed with overtaking GM as the top automaker in the world.

[reality42]

So true good point. Just another American Greed Scam to steal market share from there comptition. What goes around comes back around and USSA is shotting them self in the foot.