The United States Congress Committee On Oversight And Government Reform Reveals Evidence That Toyota Deliberately Withheld Relevant Electronic Records That It Was Legally Required to Produce
In a letter from the United States Congress Committee on Oversight and Government Reform sent to Mr. Yoshimi Inaba as part of their investigation into Toyota’s handling of vehicle recalls arising from incidents of sudden acceleration, it was revealed that Toyota deliberately withheld relevant electronic records that it was legally required to produce in rollover litigation. Many of these documents concerned rollover cases where the plaintiff was injured or killed. The letter also goes on to note that Mr. Dimitrious Biller, who is managing counsel of the product liability group of Toyota Motor Sales and in a very senior position in which he lead the defense of some of the largest tort cases against Toyota, particularly rollover cases involving seriously injured victims, did not produce all of the requested documents during the litigation process. Biller was concerned with Toyota’s failure to produce electronic documents in litigation. The documents also indicate that Mr. Biller was concerned that Toyota’s interactions with NHTSA would be discovered. Finally the Biller documents shined light on Toyota’s handling of the sudden, unintended acceleration problem.
In summary, the Biller documents and Toyota documents indicate a systematic disregard for the law and a routine violation of court discovery orders in litigation. People injured in crashes involving Toyota vehicles may have been injured a second time when Toyota failed to produce relevant evidence to the court. This also raises very serious questions as to whether Toyota has withheld substantial relevant information from NHTSA.
As experienced product liability lawyers, we have been well aware of Toyota's posturing for many years and their refusal to play fair in the litigation process. We are currently investigating a number of Toyota airbag and sudden acceleration claims.