Las Vegas woman sues Toyota, alleges floor mat against gas pedal caused husband’s fatal crash

Vegas widow sues Toyota over floor mat in crash

LAS VEGAS — The widow of a Nevada delivery driver killed in the crash of a company pickup truck last year said Monday she’s suing Toyota Motor Corp., alleging that a floor mat wedged against the gas pedal caused the crash.

Kim Levine and her attorney, Gerald Gillock, told reporters they’re seeking unspecified damages for Levine and her two sons, ages 13 and 6, in the crash of a 2010 Toyota Tacoma that killed 55-year-old Jeffrey Mark Levine on Dec. 17.

Toyota spokesman Brian Lyons in Torrance, Calif., called the death tragic but said the company doesn’t comment on pending litigation.

The lawsuit also names Findlay Automotive Inc., a local dealer where Gillock said a technician noted he inspected the mat while changing a flat tire Nov. 16. Company owner John Barr did not immediately respond to a message seeking comment.

Gillock dismissed the Clark County coroner’s finding that “oxycodone intoxication” was a factor in Levine’s death from multiple injuries. The lawyer said Levine had a longtime back injury, a prescription for the powerful pain medication, and was cleared by his doctor to drive.

Gillock called Levine’s case distinct from other personal injury and wrongful death cases filed in federal courts against the automaker, and from lawsuits owners have filed because vehicle values have fallen since Toyota recalled dozens of models to fix sticky accelerators and potential floor mat problems.

“This is a death case of a father and a husband,” he said. “We’re going to litigate in Nevada in front of a Nevada jury.”

Gillock alleged that Toyota began a public recall in Europe in 2009 and quietly advised dealerships in the U.S. to inspect Tacoma models for “floor mat pedal entrapment” problems. But the company didn’t begin its U.S. recall of millions of vehicles, including 2005-2010 Tacomas, until later, he said.

“This did not have to happen,” said Levine, 48, a skin care specialist who said she and her husband had been married almost 15 years. “A floor mat is such a simple replacement. I’m sure it would take just a few moments.”

Levine and her lawyer said Jeffrey Levine was near the end of his shift delivering the Daily Racing Form in the Colorado River resort town of Laughlin, and was on his usual 5 a.m. trip 100 miles back to Las Vegas when the pickup slammed into the back of a motor home on U.S. 95 outside Searchlight.

The 52-year-old Montana man driving the motor home told the Nevada Highway Patrol he was on cruise control at 60 mph and “it sounded like a bomb going off” when he was hit from behind, according to the accident report. The NHP didn’t estimate the speed of the pickup.

Gillock showed reporters an NHP crash scene photo that he enhanced to highlight how a corner of the all-weather carpeted mat was pressed against the accelerator of the pickup when it crashed.

Levine wasn’t wearing a seat belt, but Gillock said he believed that was because Levine unbuckled it to reach down to try to dislodge the mat while the vehicle accelerated.