Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
A judge has rejected a class action lawsuit against Toyota but has allowed the plaintiffs to file again with an amended complaint.
The two named plaintiffs, Linda Drake from California and Mike Heslop from Illinois, lack legal standing to form a nationwide class claiming Toyota fails to fix issues with its Highlander SUV, federal District Court Judge Stanley Blumenfeld said in his order.
Drake filed her class action lawsuit in February after buying a 2009 Toyota Highlander in 2012. The following year in March, Drake says she started hearing popping, clunking and knocking sounds every time she turned the steering wheel. She reported not being able at times to shift her vehicle into gear at all.
She took the Toyota dealer to court after multiple trips to the dealership and being told by mechanics the cost to fix the problem would not be covered by the warranty.
Drake initially argued Toyota wasn’t even acknowledging the issue at the dealership. The original complaint describes technicians telling her the Toyota steering problem didn’t exist and said the problem came from normal use.
The judge ruled Drake didn’t sort the problem out in time and allowed the warranty time period to expire.
“In sum, because Drake fails to plausibly allege that she exercised reasonable diligence once she was put on inquiry notice after her third unsuccessful trip to the Toyota dealer,” she may not move forward with a nationwide class, Judge Blumenfeld said. Therefore, while Drake sufficiently persuaded Judge Blumenfeld a defect existed in the Toyota Highlander, her claims can’t extend to states other than California.
“Courts in this circuit have overwhelmingly ruled that plaintiffs do not have standing to assert claims from states in which they do not reside,” Blumenfeld said.
The plaintiffs have grounds to file individual claims, not a class action lawsuit, Blumenfeld said in his order, which is reason enough for the dismissal.
Heslop’s claims were similar in nature, and he also is not allowed to move forward with the complaint as written, but may file an amended complaint.
“If Plaintiffs wish to file a Second Amended Class Complaint, they must do so within 14 days of the issuance of this Order. Since the Court has dismissed some of Drake and Heslop’s individual claims with prejudice, Plaintiffs are granted leave to add or substitute new class representatives,” Judge Blumenfeld said in his order to dismiss the Toyota steering class action lawsuit.
The Toyota Highlander is the subject of another class action lawsuit filed this year.
Dennis and Deborah Murphy bought a 2018 Toyota Highlander and realized they could lose control of steering when the transmission caused the SUV to lurch unexpectedly.
The couple filed a class action lawsuit after the dealership failed to acknowledge or fix the issue, according to the complaint. It wasn’t until they took the vehicle to another dealership that they were told the entire transaxle assembly needed replacing.
Experts advise drivers to keep an eye out on recalls or related alerts, known as Technical Service Bulletins (TSB). These notices are sent by automakers to their vehicle dealerships, but not required by law to be sent to individual drivers.
Manufacturers of automobiles are not legally obligated to inform customers when issuing a TSB to a service dealer; the also don’t necessarily have to cover the cost of any repairs that may be associated with a TSB issue.
While issues identified by these bulletins are limited to a warranty’s coverage period, official recalls do not have an expiration date on getting the issue fixed.
Do you drive a Toyota? Do you have issues with Toyota steering? Let us know in the comments below.
Counsel representing the plaintiffs in this class action lawsuit are Jordan L. Lurie and Ari Y. Basser of Pomerantz LLP.
The Toyota Steering Class Action Lawsuit is Linda Drake, et al. v. Toyota Motor Corp., et al., Case No. 2:20-cv-01421-SB-PLA, in the U.S. District Court for the Central District of California.
Read About More Class Action Lawsuits & Class Action Settlements:
One thought on Judge Rejects Toyota Steering Class Action Lawsuit, but Leaves Options for Refiling
We have this problem with a 2013 Highlander. If I get it fixed, would I be eligible for reimbursement if there is a recall in the future? If I would be eligible, would I have to fix it at the dealer or could I also take it to my local mechanic? Thanks.