Tom Daley, et al. v. Toyota Motor North America, Inc.

Burlington, Vermont consumer law lawyers represented the Plaintiff on a fraud theory.



This was a class action lawsuit against Defendant Toyota Motor North America, Inc. ("Toyota" or "Defendant") by Plaintiffs on behalf of themselves and a class of current and former owners and lessees of model year 2022-2024 Toyota Tundra and Toyota Tundra hybrid vehicles (the "Class Vehicles" or "Vehicles").



The engines in the Class Vehicles suffer from a serious defect which causes them to stall and, in some cases, fail completely (the "Engine Defect" or "Defect"). The Engine Defect stems from or is related to debris that is contained on the inside of the engines in the Class Vehicles. When the Defect manifests, the Class Vehicles will not accelerate even while the driver is engaging the gas pedal. Suddenly, after a delay, the car will accelerate forward. This unsafe condition is referred to by consumers as "throttle lag," "jolting," or "lurching." This presents a serious safety concern because Class Vehicles respond to input in the accelerator on a delayed basis. This can result in numerous unsafe driving scenarios, including Class Vehicles being rear-ended because they fail to accelerate or rear-ending other vehicles, e.g., at a stop light or stop sign, because the Class Vehicles jolt forward on a delayed basis from the stopped position.



The Engine Defect also can cause catastrophic engine failure which can leave drivers and passengers stranded and stuck with extensive repairs and other economic injuries.

Settled for an undisclosed sum and dismissed with prejudice.