Case 3:17-Cv-01091-VAB Document 80 Filed 12/11/18 Page 1 of 202
Total Page：16
File Type：pdf, Size：1020Kb
Case 3:17-cv-01091-VAB Document 80 Filed 12/11/18 Page 1 of 202 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT NED SIMERLEIN, JAMES ECKHOFF, MARICEL Case No. 3:17-CV-01091 LOPEZ, CRAIG KAISER, JOHN F. PRENDERGAST, RAYMOND and ROSARIO SECOND AMENDED CLASS ALVAREZ, KAREN EASON, JENNIFER SOWERS, ACTION COMPLAINT JENNIFER FRANKLIN, JORDAN AMRANI, CRYSTAL GILLESPIE, MELISSA STALKER, JURY TRIAL DEMANDED DILLEN STEEBY, PAULA McMILLIN, JOSEPH C. HARP Jr., and JAMES and MELISSA JUGO TINNEY, individually and on behalf of all others similarly situated, Plaintiffs, v. TOYOTA MOTOR CORPORATION, TOYOTA MOTOR NORTH AMERICA, INC., TOYOTA MOTOR SALES, USA, INC., TOYOTA MOTOR ENGINEERING & MANUFACTURING NORTH AMERICA, INC., and TOYOTA MOTOR MANUFACTURING, INDIANA, INC., Defendants. Case 3:17-cv-01091-VAB Document 80 Filed 12/11/18 Page 2 of 202 Plaintiffs Ned Simerlein, James Eckhoff, Maricel Lopez, Craig Kaiser, John F. Prendergast, Raymond and Rosario Alvarez, Karen Eason, Jennifer Sowers, Jennifer Franklin, Jordan Amrani, Crystal Gillespie, Melissa Stalker, Dillen Steeby, Paula McMillin, Joseph C. Harp Jr., and James and Melissa Jugo Tinney (“Plaintiffs”) bring this class action on behalf of themselves and all others similarly situated against defendants Toyota Motor Corporation, Toyota Motor North America, Inc., Toyota Motor Sales, USA, Inc., Toyota Motor Engineering & Manufacturing North America, Inc. and Toyota Motor Manufacturing, Indiana, Inc. (collectively, “Toyota”). Based on personal knowledge as to themselves, and on information and belief based on the investigation of counsel, including counsel’s review of consumer complaints available on the database of the National Highway Transportation Safety Administration (“NHTSA”) and other publicly available information, as to all other matters, Plaintiffs allege as follows: INTRODUCTION 1. On or about December 23, 2016, as required by the National Traffic and Motor Vehicle Safety Act,1 Toyota issued an interim safety recall notice (“Safety Recall Notice” or “Safety Recall”)2 for model year 2011 through 2016 Toyota Siennas with power sliding doors (“Recalled Siennas” and, together with model year 2017 – 2018 Siennas, the “Class Vehicles”).3 In the Safety Recall Notice, Toyota admitted there is a dangerous defect in the rear passenger power sliding doors of the Recalled Siennas because the power doors can unexpectedly and independently open while the vehicle is in motion: 1 49 U.S.C. § 30118(c) (the “Safety Act”). 2 A true and correct copy of the Safety Recall Notice is attached hereto as Exhibit A. 3 The Class Vehicles include model year 2017 – 2018 Siennas because, on information and belief, they have the same or materially the same sliding doors as those in the Recalled Siennas. All Siennas manufactured by Toyota at any time, whether or not Class Vehicles, are sometimes referenced herein as “Siennas.” - 1 - Case 3:17-cv-01091-VAB Document 80 Filed 12/11/18 Page 3 of 202 This notice is sent to you in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act. Toyota has decided that a defect, which relates to motor vehicle safety, exists in certain 2011 – 2016 Model Year Sienna Vehicles. * * * * In the involved vehicles, there is a possibility that if the sliding door opening operation is impeded, the sliding door motor circuit could be overloaded, opening the fuse for the motor. If this occurs when the door latch is in an unlatched position, the door could open while driving, increasing the risk of injury to a vehicle occupant. (Emphasis supplied). Approximately 744,000 Siennas are covered by the Safety Recall and the same dangerous condition is present in the 2017 and 2018 models. 2. Toyota has thus conceded that the defective power sliding rear doors in the Class Vehicles (“Defective Doors”) present an immediate risk of physical injury when used in their intended manner, and therefore are inherently dangerous when used for their ordinary purpose. According to an article about the Safety Recall in Fortune Magazine, Toyota has stated it “would like to refrain from commenting whether there were any injuries or crashes as a result of the safety flaw.”4 3. In fact, Toyota has known that the power sliding doors in its Siennas, which it consistently marketed as safe, convenient family vehicles, suffered from problems prior to the issuance of the Safety Recall Notice. Toyota knew there were consumer complaints about the Defective Doors in its Siennas, including that the doors could open while the vehicle was in motion or could close or jam, which posed a safety risk to occupants in the rear passenger seats. 4. As detailed in Section IV(A), since at least 2007, consumers lodged numerous complaints with NHTSA specifically about the extremely dangerous condition of the Defective 4 See “Toyota Is Recalling More Vehicles—And This Time It Has Nothing To Do With Airbags,” Fortune Magazine, Nov. 22, 2016, available at http://fortune.com/2016/11/22/toyota-sienna-sliding- door-recall (last visited June 11, 2017). - 2 - Case 3:17-cv-01091-VAB Document 80 Filed 12/11/18 Page 4 of 202 Doors opening independently while they were driving Siennas, often with their children in the rear passenger seats: a. While driving … door slid open on my 11 year old son … My daughter frantically grabbed her brother (whom was buckled) thank God. Until I was able to pull over to safety….5 b. “… with a van full of 3 children, age 8 and under … [p]ouring down rain, the door decides to malfunction, and would not close electrically or manually. I had to drive home w/ the door open. The problem has since been ongoing and now we just don’t use the door”;6 c. “… despite the electric doors being turned off, while my husband was driving with all 4 of our babies the door opened and got stuck.”7 5. In addition, as detailed in Section IV(B), since at least 2007, consumers also reported to NHTSA instances of the Defective Doors in the Siennas closing independently, freezing in a partially open position, and jamming, including instances of the Defective Doors actually closing on their children’s arms, hands, and fingers: a. “The sliding door was opening …, but opened only halfway before slamming shut very quickly. … [and] [m]y daughter had started getting into the car, so the door slammed shut on her finger and actually latched closed with her finger stuck inside”;8 b. “The sliding door independently closed on the child’s arm”;9 c. “The door did not release automatically and only released when he used his other hand to push the “door open” button. Unfortunately he suffered a fracture of his 4th right metacarpal. We are very concerned about the close proximity of the door mechanism and the seat belt, and also about the lack of a safety mechanism for automatic sensing/release.”10 5 NHTSA database, NHTSA ID No. 10938424, Post Date 12/10/2016. All emphasis in NHTSA quotes herein is supplied. All typographical errors were in original complaint postings. On the NHTSA website, all consumer complaints are posted in all capital letters. They have been changed into standard sentence capitalization here for readability. 6 NHTSA database, NHTSA ID No. 10816998, Post Date 12/30/2015. 7 NHTSA database, NHTSA ID No. 10283000, Post Date 09/06/2009. 8 NHTSA database, NHTSA ID No. 10554193, Post Date 11/30/2013. 9 NHTSA database, NHTSA ID No. 10513006, Post Date 05/21/2013. 10 NHTSA database, NHTSA ID No. 08/20/2012 Post Date 03/07/2012. - 3 - Case 3:17-cv-01091-VAB Document 80 Filed 12/11/18 Page 5 of 202 6. Toyota’s self-described “safety flaw” in the Siennas’ Defective Doors exposes occupants and others to extreme danger, even death. Doors sliding open while the van is in motion can result in passengers (especially young children) falling out of or being ejected from a moving vehicle. The doors independently closing, freezing mid-operation, and jamming can result in serious bodily injury if an arm, leg, hand, foot or neck is trapped by the door. Unintended door closings can also cause property damage; indeed, one driver reported that the Defective Doors actually crushed his laptop. If the doors close and do not reopen, a person can get trapped inside the van and be unable to exit in case of an accident or other emergency. Each of these extremely dangerous scenarios can cause driver distraction and result in a collision that can harm vehicle occupants and others on the road. 7. While Toyota knew about the Defective Doors and the dangers they present for over a decade, Toyota continued to manufacture, market, sell, lease, and warrant its Siennas in order to reap profits, without disclosing that the power sliding doors were inherently defective, dangerous and created a grave risk of bodily harm and death. Toyota not only knew of the NHTSA complaints, it had received 399 additional direct reports of the condition through warranty claims and field reports. In addition, beginning in 2004, Toyota issued multiple technical service bulletins (“TSBs”) to dealer technicians (but with no notice to consumers) with purported fixes for various problems Toyota itself identified in the Defective Doors – none of which worked. Moreover, in January 2014, Toyota began a two-year investigation of the potential causes for the dangerous conditions created by the Defective Doors before finally and belatedly issuing the interim Safety Recall in December 2016 – albeit without a fix. Toyota did not disclose what it knew to prospective and existing purchasers and lessees and, in fact, - 4 - Case 3:17-cv-01091-VAB Document 80 Filed 12/11/18 Page 6 of 202 actively concealed it. Thus, Plaintiffs and other Class members were unknowingly driving Siennas with Defective Doors that were ticking time bombs.