A Burlington County man says a defective Toyota seat belt contributed to his paralysis, and he contends that the company may be withholding crash data that could prove it.
Attorneys for 39-year-old Ryan Mack, of Tabernacle, argued in court this month that Toyota had been evasive when asked whether crash-test videos still exist for the 1991 short-bed, deluxe pickup.
Additionally, allegations in California accusing Toyota of withholding and destroying evidence during civil litigation in unrelated cases may be indicative of a widespread practice to conceal damaging evidence, said one of Mack's attorneys, Michael A. Ferrara Jr. of Cherry Hill.
"Who knows what is out there?" Ferrara asked, adding that Toyota officials said they "burned or shredded" the videos of high-speed impacts and gave what he said were ambiguous answers about whether any copies exist.
Toyota representatives insist the allegations made by a former Toyota lawyer who filed a federal lawsuit against the company in California are false and unrelated to seat-belt safety.
A lawyer for Toyota, Jennifer Brooks, said in court that all information the company has related to seat-belt safety was given to Mack's attorneys, including pictures of crash tests and written test reports. All officials likely to have additional information have been asked for it and a request was also made through a companywide e-mail.
If company officials could find the videos, she said, they would show that the vehicle was properly tested and met all safety standards. Toyota, she said, would use the videos as part of its defense if they existed.
After hearing from both sides, Superior Court Judge Robert G. Millenky on Oct. 9 declined to address the national allegations involving Toyota and instead ruled that the company had an obligation locally to clarify whether videos or other electronic information exist. The judge also said the company must make a knowledgeable official, from Japan or the United States, available to answer questions for a deposition.
Brooks declined to comment outside court, referring questions to Toyota's corporate offices in California. Ferrara, citing rules of professional conduct that limit trial publicity, also said he could not discuss the case outside court.
The case stems from an accident on Jan. 4, 2005, as Mack was heading to work to lay cable at a nuclear power plant. He stopped on Route 72 to make a left turn onto Route 532 in Barnegat, Ocean County, and was struck from behind and then by a second vehicle, according to the lawsuit he filed a year later against the first driver, Toyota, and the seat-belt manufacturer.
In a recent interview, Mack said he was certain he was wearing his seat belt because he always buckled the restraint before starting the vehicle, as required by his employer.
After the accident, he said, "I went into surgery for 12 hours. When I came out, I was paralyzed.
"It's like becoming an 80-year-old person instantly. Simple things are hard. You can't change a lightbulb," he said. "It's challenging mentally, physically, and financially."
His legs are paralyzed, although he does have some upper-leg strength that allows limited walking with a walker or crutches. He has physical therapy three times a week. He lives in a house not properly equipped for his disability, but he can't afford modifications. On disability, his $60,000 salary dropped to $20,000.
Though he cannot afford to pay all his bills, he still earns too much to qualify for government assistance, he said. He can't afford college and he hasn't found a job that can accommodate his disability.
His lawyers allege that the seat belt, with a design defect, opened upon impact and that Mack was thrown into the dashboard with such force that he fractured vertebrae. Had the seat belt worked properly, the attorneys say, Mack would not have been thrown from his seat.
Ferrara alleges that Toyota engineers knew in 1991 the seat belts installed in some vehicles were defective and that they later installed a properly designed belt. But the company never issued a recall.
The case is scheduled for trial in February.
On Oct. 9, Ferrara told the judge that Toyota officials say they have no crash-test videos, but that they had not said conclusively whether videos were given to a third party for storage or whether all copies were destroyed.
In questioning whether the company has a broad practice of withholding evidence, Ferrara noted claims from the former Toyota lawyer who sued the company in July, alleging that he was forced to resign after insisting the company preserve and turn over electronic data for civil suits as required by law.
Dimitrios Biller said in his lawsuit that "key Toyota executives have conspired, and continue to conspire, to unlawfully withhold evidence from plaintiffs and obstruct justice in lawsuits throughout the United States against Toyota."
Biller's lawsuit claims that when he tried to provide information for a Texas suit filed against Toyota regarding the roof design of SUVs involved in rollover crashes, he was told the " 'Golden Rule,' i.e., protect the client at all cost, even if that means committing illegal actions."
Biller's lawsuit has sparked numerous legal maneuvers across the country, including the refiling of settled cases in Texas. Toyota attorneys insist the company did nothing wrong and say Biller is a disgruntled employee who also sued another former employer, the Los Angeles County District Attorney's Office.
In a statement, Toyota said, "We strongly dispute the unfounded claims in [the Texas] lawsuit, and we are confident that we have acted appropriately with respect to product-liability litigation."
Mike Michels, a Toyota spokesman, said Biller "has not made assertions relevant to seat-belt performance." He declined to comment further, citing the company's policy not to discuss pending litigation.
In Camden, Toyota's local attorneys tried to have Biller's lawsuit sealed, but the judge declined.
Contact staff writer Barbara Boyer at 856-779-3838 bboyer@phillynews.com.
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