Toyota: Flim Flam and Pretense

I incorrectly believed that Toyota would correct the problem with my new Prius and stand behind their product.  

The Dilly, Dally, Delay & Stall Law Firms representing Route 44 Toyota and Toyota USA just woke up!

The Bullying Rose law firm [whose attorney couldn't make it to court on time] ignored this for months, delayed producing their documents and now insists MY car should be tampered with.

Huh?

I have been asked to contact you directly to discuss NHTSA's inspection of your client's vehicle (a certain 2012 Toyota Prius C, VIN: JTDKDTB36C1505559) pursuant to a Defect Petition filed by [your client]. The vehicle is also, the subject of a lawsuit which you have commenced on behalf of [your client] against Toyota Motor Sales, U.S.A., Inc. in Plymouth District Court, 1259CV871.

Specifically, NHTSA has requested that the vehicle be operational in order for NHTSA to conduct NHTSA’s testing and due to the length of time that the vehicle has been dormant, it is anticipated that certain work may be necessary in order for the vehicle to be made operational. This likely would include recharging and/or replacing the vehicle's batteries and potentially various brake components (for instance, NHTSA may request that the rotors be changed if inspection finds them rusty from lack of use). In addition, it is anticipated that NHTSA will want to see any Diagnostic Trouble Codes (“DTC”) stored in the vehicle and once viewed will want the codes cleared (erased) for purposes of its inspection. I am writing because I have been asked to confirm in writing your consent on behalf of [your client] for Toyota to perform the work requested by NHTSA . Please be aware that at the conclusion of NHTSA’s inspection, any exchanged components would be removed and the original components would be reinstalled.

My understanding is that the NHTSA inspection has been scheduled for April 4, 2013 commencing at 7:00 AM at Route 44 Toyota, Raynham, Massachusetts. Therefore, your consent to the foregoing is needed ASAP. In addition, by copy of this email to all counsel in the pending action, I am placing them on notice of NHTSA’s inspection and the above issues.

Finally, please understand that NHTSA’s inspection of the vehicle is not Toyota’s legal inspection for the purposes of the pending litigation and it is our intention to have our expert inspect the vehicle following receipt of written disclosure responses and the completion of  [your client’s] deposition.

Keith B. Rose, Esq.

The Rose Law Firm, PLLC

501 New Karner Road

Albany, New York 12205

 

***NHTSA had the email addresses of the attorneys involved and could have circulated any necessary request.