Toyota Rollover Document Conspiracy

2009 September 1
by Justin Hill
Sometimes cases can be won or lost with documents produced or not during a lawsuit. In automotive product liability lawsuits, data regarding testing, feasibility of safer alternative designs, costs of safer alternative designs, and technological advances can be extremely critical in evaluating the existence or strength of a certain case. One court has stated that the purpose of discovery is to avoid surprise and the possible miscarriage of justice and to eliminate the “sporting theory of justice.”

Now, it appears that Toyota Motor Company may have violated some of the discovery rules designed to ensure that justice is served. A former Toyota lawyer has recently filed a lawsuit against his former employer alleging, “Defendants [Toyota entities] are, and have, engaged in a systematic pattern and practice of discovery abuses and criminal acts against plaintiffs in litigation against the Toyota entities,” according to Dimitrious Biller’s complaint.

Mikal Watts, the namesake and managing partner at the firm where I am a partner, was interviewed in a recent Bloomberg article:

“The petition alleges conduct by Toyota that would cause every case ever resolved by Toyota in the past 10 years to be re-opened,” said Mikal Watts, a lawyer in Corpus Christi, Texas, referring to Biller’s suit. “We intend to ask the courts to re-open these lawsuits.” Watts said Biller’s claims raise questions about the results of 10 other Toyota cases he handled. They include a trial he lost in Huntsville, Texas, over an accident that left a 6-year-old boy quadriplegic and dependent on a ventilator.

As this case develops, it could have far reaching implications on the automotive industry and how they conduct discovery in automotive product liability cases. The case is Biller v. Toyota Motor Corp., 2:09-cv-5429, U.S. District Court, Central District of California (Los Angeles).

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