Toyota Accused of Lying About Car Safety by Former Employee

A whistleblowing attorney who used to work for Toyota has filed a lawsuit against the car company claiming that the automaker illegally withheld evidence in hundreds of rollover death and injury cases.

The federal racketeering suit was filed in Los Angeles by Dimitrios P. Biller, who was former managing counsel for Toyota Motor Sales, USA, Inc. Biller claims that his complaints about the illegal activities by Toyota led to the loss of his job and severe depression.

Toyota denies the charges and wants to have the complaint sealed, saying it is filled with confidential information that Biller has no right to reveal. Biller signed a confidentiality agreement with Toyota, but he claims that the criminal nature of the claims in his suit nullify that agreement.

Biller worked for Toyota Motor Sales from 2003 to 2007 and was involved in defending rollover lawsuits that claimed the weak roofs in Toyota’s SUVs and trucks led to injuries and deaths.

Biller claims he was surprised to discover that the company was not producing emails and other required electronically stored information to plaintiffs as is required by law. Biller says he saw these alleged items himself and repeatedly complained to his supervisors that the company was acting illegally.

Biller also claims that electronic evidence that would negatively impact the company was destroyed in approximately 300 rollover accidents involving roof problems.

The lawsuit also claims that Toyota misled the National Highway Traffic Safety Administration as it considered new regulations aimed at increasing roof strength. Biller claims that Toyota lied to NHTSA about how long it would take them to comply with a tougher standard. The NHTSA then gave automakers more time than it had originally planned.

Mr. Biller’s lawsuit has generated a lot of interest among product liability lawyers who wonder if their case’s settlements were based on honest information. If Toyota loses this case it could call into question many years of results of rollover cases and cause some cases to be reopened. This could lead to some new trials and settlements.

No matter what happens, the reputation of Toyota has been damaged by this allegation. If it is proven to be true, this would not be the first time that an auto manufacturer has chosen to put out products it knows are unsafe.

The 117 page lawsuit can be read here: Biller vs. Toyota