In Texas, Toyota Rolls Over Again

A paralyzed woman claiming that Toyota Motor Corporation withheld documents in her 2007 lawsuit, has filed contempt of court charges against the automobile firm, as reported in the Los Angeles Times. 

The Texas Supreme Court has ruled that Toyota must face the charges.

Pennie Green was permanently injured five years ago when her Toyota Camry rolled over. Originally settling her personal injury suit for $1.5 million, she filed a motion in State County last fall alleging that the automaker deliberately withheld vehicle safety documents during the case. This lack of information led Green to settle instead of asking for more money or taking her case to trial.

Toyota asked the state's highest judicial body in February to stay the case and to dismiss the contempt motion, as the court didn't have jurisdiction in the matter.  On Friday, however, the court lifted the stay and allowed the proceedings to continue.

This ruling, and Green's allegations if upheld, can open the floodgates of up to hundreds of other lawsuits that were considered closed. 

Jeff Embry, Greene's attorney, states that if Toyota is found to be in contempt his client will then ask the court to reopen her personal injury case, and that, "Ms. Green is going to want to consider her options."

The number of sudden-acceleration-related recalls over the past year has caused Toyota to pay $16.4 million in fines to regulators, as the company delayed the recall of the sticking gas pedals.

In a statement Toyota said, "Toyota is confident that we have acted appropriately with respect to product-liability litigation and our discovery practices, including in the Green case. We are considering our options related to this ruling and intend to vigorously defend ourselves against any claims of impropriety in this matter."

Green had alleged that her 1997 Camry had defects in the design of its roof and seat belts and, settling out of court, the suit was dismissed in April 2007.

Allegations made by former Toyota lawyer, Dimitrios Biller, moved Green to file the contempt motion in September.  Biller had stated that Toyota, "conspired and continues to conspire to unlawfully withhold evidence from plaintiffs" in their rollover cases, specifically calling up Green and others.

Biller was subpoenaed by Congress this year for information in a 2006 internal e-mail mentioning certain company documents - "Books of Knowledge" - that Biller was forced to keep from Green during her settlement.

Biller's email read, "Frankly, plaintiff's discovery efforts...were getting too close to requiring [Toyota] to produce the 'Books of Knowledge.'"

Biller's subpoena in February was thwarted by Toyota's request for a stay from the Supreme Court. Texas Solicitor General R. Ted Cruz, for Toyota, has argued that the state court lost its jurisdiction 30 days after the case's original dismissal.

Embry stated that he will attempt to get Biller back into the courts, now that the stay has been lifted, as soon as  possible.  Johnson County District Judge John Neill in Cleburne will most likely hear the case. 

Biller also has a suit filed against Toyota in the U.S. District Court of Los Angeles. The arbitrator in that case is deciding whether the thousands of Toyota documents in Biller's possession are privileged or can be made public. The documents, maintains Biller, contain evidence of fraud.

The company responded by saying, "We are disappointed that Mr. Biller is using the tragedy of Ms. Green's accident to further his own claims against Toyota, which we strongly dispute and will continue to fight."

If you, or someone you love, have been personally injured by a motor vehicle, contact a personal injury lawyer in our directory to find help near you.