Toyota Floor Mat Causes Crash

As reported by the Associate Press on wtop.com, Kim Levine, the widow of delivery truck driver, Jeffrey Mark Levine, is suing Toyota Motor Corporation because the crash that killed her husband was due to the 2010 Toyota Tacoma's floor mat wedged against the gas pedal.

Attorney Gerald Gillock and Kim Levine told reporters that they've yet to identify the damages they will seek for Mrs. Levine and her two minor sons.  Mr. Levine was 55-years-old, his wife 48, at the time of the December 17, 2009 crash.  They were married almost 15 years.

Brian Lyons, Toyota's spokesperson in Torrance, California, was only able to comment on the tragedy of the death alone, due to the pending litigation.

Also named in the lawsuit is local auto dealer, Findlay Automotive, Inc., as the mat was checked in their inspection during a flat tire change on November 16.  John Barr, the company's owner, has not commented.

Clark County Coroner did note "oxycodone intoxication" in Levine's system as a possible factor in his death.  Gillock dismissed this idea because Levine's physician, that had prescribed the medication for a chronic back injury, had cleared him to drive.

Gillock believes that Levine's case is different from similar cases filed in federal courts against Toyota, and from suits filed from car owners because the vehicle's values had fallen since Toyota started recalling dozens of models to fix sticky accelerators and potential issues with floor mats.

Gillock stated, "This is a death case of a father and a husband.  We're going to litigate in Nevada in front of a Nevada jury."

Toyota began its public recall in Europe in 2009, Gillock alleges, and quietly told dealers in the United States to inspect the Tacoma models for the problem of "floor mat pedal entrapment."

Toyota didn't begin its U.S. recall for vehicles manufactured from 2005 to 2010, which would have included Levine's 2010 Tacoma company vehicle, until later.

Kim Levine said, "This did not have to happen.  A floor mat is such a simple replacement. I'm sure it would take just a few moments."

Per Mrs. Levine and Gillock, Jeffrey Levine was at the end of his regular delivery shift and on his way back to Las Vegas, when his truck crashed into the rear of a motor home on U.S. 95 near Searchlight.

Nevada Highway Patrol reported that the 52 year-old man that drove the motor home said that "it sounded like a bomb going off" when the pickup struck him.  The motor home's cruise control was reportedly set at 60 mph.

NHP did not estimate the speed of Levine's truck.

A magnified crash scene photo, which Gillock displayed for reporters, depicted the all-weather carpeted mat pressing against the accelerator of Levine's truck.

Levine was found not wearing his seatbelt.  Gillock contends that Levine unbuckled it to reach down to try and move the mat before he crashed.   The car continued to accelerate before he could move the mat it or buckle himself back in.

If you or a loved one has suffered an injury due to a defective product, you may have grounds for a lawsuit.  Click here for a personal injury attorney to learn about your rights and options.