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A class action lawsuit alleging Toyota switched to a soy-based covering for wires in its vehicles, which attracted rats and led them to eat through the wires, can proceed, a California federal judge ruled on May 11.
U.S. District Judge Cormac J. Carney said in the ruling that the court was bound by the Ninth Circuit’s previous findings in the case, which ruled that expressed warranty claims could progress, but California Unfair Competition Law claims remained dismissed, according to Law360.
Carney added that under the law of the case doctrine, a district court was prevented from reconsidering an issue that had been decided by the same or a higher court.
“To now dismiss plaintiffs’ implied warranty claims would contravene the circuit’s clear mandate and relitigate issues the Ninth Circuit decided either expressly or by necessary implication,” Carney wrote, adding it would be “improper” to allow the unfair competition claim to proceed after its dismissal by the Ninth Circuit.
The class action lawsuit was filed by 21 people whose vehicles were damaged by rats after Toyota switched to the soybean-based coating, and who allege the company refused to make repairs.
The case has been ongoing for five years, and in 2018 it was tossed out by U.S. District Court Judge Andrew J. Guilford, who said that the coating was a design defect not covered by express warranty, and the implied warranty could not be made to cover damage caused by “those pesky rats,” Law360 reports.
In August 2020, the Ninth Circuit revived the case saying that Guilford misidentified the rats as the problem, when the class action alleged that it was the soybean-based wired coating.
Jerusalem F. Beligan of Bisnar Chase LLP and Benjamin F. Johns of Chimicles Schwartz Kriner & Donaldson-Smith LLP, lawyers representing the group, told Law360 in a statement that they were pleased with the court’s decision, “which we view as being consistent with what the Ninth Circuit held when it revived some of our claims last year.”
The case isn’t the only class action lawsuit Toyota is facing. In March, a consumer filed a class action lawsuit against the company alleging that its popular SUV, the RAV4, was equipped with defective batteries for model years 2013 through 2018.
Have you ever had rats eat wiring inside your vehicle? Let us know in the comments section!
The plaintiffs are represented by Brian S. Kabateck and Anastasia K. Mazzella of Kabateck LLP; Brian D. Chase and Jerusalem F. Beligan of Bisnar Chase LLP; Benjamin F. Johns, Samantha E. Holbrook and Alex M. Kashurba of Chimicles Schwartz Kriner & Donaldson-Smith LLP; Robert B. Brown III of Pennekamp Law PA; and Scott C. Harris of Whitfield Bryson LLP.
Toyota is represented by Amir M. Nassihi, M. Kevin Underhill and Samantha Burnett of Shook Hardy & Bacon LLP.
The Toyota Soybean Wiring Class Action Lawsuit is Heber, et al. v. Toyota Motor Sales USA Inc. et al., Case No. 8:16-cv-01525, in the U.S. District Court for the Central District of California.
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521 thoughts onToyota Class Action Claiming Soy-Coated Wiring Attracts Vehicle-Damaging Rats Can Proceed
Our 2020 Prius Plug-in hybrid with appprox 30000 miles was destroyed by mice. They all the wiring around the hybrid battery. We are renting while they evaluate.
2013 Toyota Rav4. Rodents have chewed through electrical wiring. Spent $4k already and the problems persist. Something needs to done…people need to be held accountable, especially if the newer models are having this problem as well – it means they are not entertaining this as a problem even though hundreds have been reporting it for Years now. It’s time!
Hi, my Son just bought a 2024 Toyota Corolla hybrid 2 weeks ago last January 2024, found harness to generator all chewed up, as usual dealership refusing to fix it under warranty, it’s odd that when initially took it to have it checked, they new about the roadent problem right away, since the mention right before even open the hood or inspecting anything, not to mention service writer mentioned they were having a lot of similar problems LATELY with others vehicles.
Seems to me they now about the inside problem and they’re just passing the cost to costumers. That’s is illegal to sell a new car like that last time I checked.
I just heard back that mice, rats or squirrels ate the wires on my Toyota Avalon and will cost $6900 to replace the wires and all the damage done from the wires. Iwishthere was a class actionsipuit here in MA.
I just took my Toyota highlander to the dealer last week.
I was told it was rodent damage and that it was a 9,000 + replacement .
My insurance is checking to see if they cover it cause the damage was reported the day I got my insurance.
This sucks
We have a 2014 ford focus electric. The rats ate our main electrical harness 3 times in less than a year. Finally found capsicum tape that Honda sells, wrapped the wires. The rats are still under the hood, but they no longer chew the wires. I also use peppermint oil and we have one of those electric mouse blockers under the hood that flash and make noises. The rats aren’t bothered by it anymore. So far, only the tape has helped.
2018 Toyota Highlander 46000 miles. I use my vehicle almost every day. On Jan 25, 2024 I pulled out of my driveway and noticed that the check engine light was on with all kind of errors flashing. I brought it to my Toyota dealership after a couple hours of waiting the service writer brought me back to my car and advised me that rodents had chewed up my wiring harness that controls ABS, Air Bags, BSM, and other things. I asked if they could just fix the wires he said that would be a safety issue and that I should not drive the car. He said the only fix was replacing the harness at a approximate cost of $7300. He also advised me that if I had full coverage my insurance company would probably handle the costs. A adjuster from my insurance came on 1/26/2024 and we are waiting on a decision from them if they will cover the damages. After reading a lot of articles on this problem it sounds like a lot of the automotive industry has switched to soy based wire coatings for there wiring.
I have a 2019 rav4 going through this mess now. Having an insurance adjuster going to the dealership today my anxiety level is through the roof at the moment. Never once smelled or saw anything. My heat control just isn’t working right so they noticed all wires were eaten 🤦♀️ we will see if they are going to total my car.
Happened to my 4runner at less than a month old. Ate my entire wiring harness in less than a day.
I had a 2017 Tacoma TRD Sport that sat in my driveway for two years and no squirrel’s chewing the wiring. I traded for a 2020 Tacoma TRD and suddenly now for the 3rd time in 12 months it is in the shop for damage done by squirrels chewing through the wiring. This can’t be a coincidence, nor can it be because I suddenly changed where I parked. My insurance company expressly refuses to cover rodent damage because it is so prevalent. Toyota doesn’t care, all I got from Toyota Motor customer service was a patronizing “we’re sorry to hear about your issue”. This is ridiculous, and all because someone decided it was a good choice for the environment.
Happened to me twice!! On my 2020 Lexus RX 350! It’s in the shop right now!! I’m so mad!! I park in my garage!! We DO NOT have a rodent problem nor have I ever seen rats anywhere around my home!! Yet one decided to make a home in the motor and gnaw away! Yet my husbands 2019 Ford F150 and his Old F150 that’s been just sitting there didn’t seem inviting. This can’t be a coincidence! Costing me a fortune! I’m so livid!