This case has been settled.
A class action case against Toyota Motor Sales and Dunlop Tire Co. has been filed in New York State Supreme Court for all purchasers of Toyota "Sienna" minivans with Dunlop-brand "run-flat" tires. The suit, captioned Monk v. Toyota Motor Sales USA, Inc., Toyota Motor North America, Inc., & Dunlop Tire Corp., alleges that the Dunlop tires that Toyota puts on the mini-vans fail in 10,000 to 20,000 miles after purchase of the car and require replacement once a year. The cost of annual replacement is $1,300 or more. The suit states that the Sienna mini-van tires are defective and that Toyota and Dunlop breached their obligations to consumers by providing defective tires. The suit also alleges that Toyota and Dunlop hid from their customers the failure rate of the tires and the high cost of replacing them. The class is represented by attorneys Roger Bernstein, Jeffrey Feinberg, and Robin Nackman of Manhattan.
The suit alleges that Toyota designed defective mini-vans without spare tires and without spare tire storage space. Toyota mini-vans with the "run-flat" tires are sold without a spare tire and without any place to put a spare tire, on the premise that the special tires can be driven even when flat. However, according to the suit, since there is no place to put a spare the Toyota owners cannot switch to regular tires that require a spare tire. Placing a spare on the third seat or in the car's luggage storage area would make those areas unusable for their normal purpose. Since the car lacks a space to store a spare, Toyota owners cannot switch to regular tires to avoid the expense of replacing run-flat tires every year.
Roger Bernstein, a former federal prosecutor and one of the lawyers representing the Toyota owners, said that the purpose of the suit "is to hold Toyota and Dunlop fully accountable to their customers in court." Jeffrey Feinberg, a partner in the firm Nackman & Feinberg, and another lawyer for the class, stated that the cost of replacement tires and the loss of vehicle value amounts to thousands of dollars for every Toyota mini-van customer in the class. He stated that there are thousands of Toyota mini-van purchasers in New York who are affected. Robin Nackman, another lawyer for the class, stated that consumer protection statutes address exactly the problem presented here: "the customers are victims because they were not informed about the tire defects and only learned about them when the tires failed." The attorneys also noted that Toyota has previously been sued in a consumer class action in Texas involving similar defects in "run-flat" tires on its Lexus-brand vehicles.
In the New York class action case the plaintiff will apply to the court for approval to notify every Toyota mini-van customer of the opportunity to seek recompense through the class action. While it is not possible to state the total amount of money that will be sought from Toyota and Dunlop until information on the number of purchasers of these cars is obtained from Toyota, there are thousands and thousands of Toyota owners with substantial losses that are involved.
This case has been settled. If you are a current or former owner or lessee of a Model Year 2004 to early 2006 Toyota Sienna AWD or mobility van, you could get benefits from a class action settlement. [CLASS ACTION SETTLEMENT]
Register your Toyota Motor Sales and Dunlop Tire Co. ComplaintIf you had to relplace the Dunlop tires on your Sienna mini van, you may qualify for damages or remedies that may be awarded in a possible class action lawsuit. Please fill in our form on the right to submit your complaint and we will have a lawyer review your defective tire complaint.
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