CASE NO.: COMPLAINT. The Plaintiff, TINA TRAN DANG, as Personal Representative of the Estate of HIEN

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1 IN THE CIRCUIT COURT OF THE 9 TH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA TINA TRAN DANG, as Personal Representative of the Estate of HIEN THI TRAN, CASE NO.: v. Plaintiff, HONDA MOTOR COMPANY, LTD., a foreign corporation, HONDA R & D CO., LTD., a foreign corporation, AMERICAN HONDA MOTOR CO., INC., a foreign corporation, HONDA OF AMERICA MFG., INC., a foreign corporation, TAKATA CORPORATION, a foreign corporation, TAKATA, INC., a foreign corporation, TK HOLDINGS INC., a foreign corporation, Defendants. / COMPLAINT The Plaintiff, TINA TRAN DANG, as Personal Representative of the Estate of HIEN THI TRAN, sues the Defendants, HONDA MOTOR COMPANY, LTD., HONDA R & D CO., LTD., AMERICAN HONDA MOTOR CO., INC., HONDA OF AMERICA MFG., INC., TAKATA CORPORATION, TAKATA, INC., and TK HOLDINGS INC., and states: INTRODUCTORY ALLEGATIONS 1. This is an action for damages against Defendants in excess of Fifteen Thousand Dollars ($15,000.00) exclusive of interest and costs. 2. At all times material hereto, Decedent, HIEN THI TRAN was a resident of Orlando, Orange County, Florida. 1

2 3. TINA TRAN DANG has been appointed the Personal Representative of the Estate of HIEN THI TRAN. The Letter of Administration duly appointing TINA TRAN DANG as the Personal Representative to act for the benefit of all potential beneficiaries is attached hereto as Exhibit A. 4. All potential beneficiaries to a recovery for wrongful death of HIEN THI TRAN, and their relationship to the deceased, are as follows: a) The Estate of HIEN THI TRAN, c/o Tina Tran Dang, as Personal Representative of the Estate; b) TINA TRAN DANG, the sister of the decedent, HIEN THI TRAN; c) PHI NGOC TRAN, the brother of the decedent, HIEN THI TRAN; d) TUAN NGOC TRAN, the brother of the decedent, HIEN THI TRAN; e) PHU NGOC TRAN; the brother of the decedent, HIEN THI TRAN; f) THUY THI TRAN; the sister of the decedent, HIEN THI TRAN; g) THANH THI TRAN; the sister of the decedent, HIEN THI TRAN; h) LOAN THI TRAN; the sister of the decedent, HIEN THI TRAN; and i) TRAN VIET HUNG; the brother of the decedent, HIEN THI TRAN. 5. The above referenced survivors and potential beneficiaries to a recovery for the wrongful death of HIEN THI TRAN (hereinafter TRAN ), are all blood relatives and siblings of TRAN who were partly dependent upon same, and whom in their respective individual capacities received support and services, including, but not limited to, tasks, usually of a household nature, regularly performed by the decedent that will be a necessary expense to such survivors of the decedent. TRAN was unmarried and had no lineal or adopted children. TRAN s parents are deceased. TRAN was fifty-one (51) at the time of her death. 2

3 6. The Defendants, HONDA MOTOR CO., LTD., HONDA R & D CO., LTD, AMERICAN HONDA MOTOR CO., INC., HONDA OF AMERICA MFG., INC., TAKATA CORPORATION, TAKATA, INC., and TK HOLDINGS INC., are all directly responsible for the wrongful death of TRAN that was caused by the explosion of the inflator incorporated into the airbag safety system (herein referred to as airbag safety system, Airbag Safety System, airbag system, safety system, or airbag ) in the 2001 Honda Accord, VIN # 1HGCG165X1A005057, she owned (herein referred to as her vehicle or Subject Vehicle ) on September 29, 2014 that sent metal fragments of the airbag safety system s inflator itself through the airbag cushion striking TRAN causing fatal injuries that resulted in her ultimate death on October 2, Defendant HONDA MOTOR CO. LTD. ( HMC ) is a foreign for-profit corporation with its principal place of business in Tokyo, Japan. HMC designs, develops, manufactures, assembles, tests, markets, promotes, advertises, distributes and sells motorcycles, automobiles, and power products through its related subsidiaries and/or operating units, including HONDA R & D CO., LTD., AMERICAN HONDA MOTOR CO., INC. and HONDA OF AMERICA, MFG., INC., independent retail dealers, outlets, and authorized dealerships primarily in Japan, North America, Europe, and Asia, including the Subject Vehicle. HMC has been directly involved in the safety investigation and determinations made as to the motor vehicle safety issues arising from the defective and unreasonably dangerous condition of certain Honda brand vehicles it designs, manufactures and distributes for sale to the consuming public, including the Subject Vehicle. HMC has actively been involved in the developing knowledge of this motor vehicle 3

4 safety issue by Honda entities over the last decade, and the actions and/or inactions of same relating to this public safety hazard. 8. Defendant HONDA R & D CO., LTD. ( HRD ) is a foreign for-profit corporation with its principal place of business in Waco, Japan. HRD, is a subsidiary of HMC, and working in conjunction with HONDA MOTOR CO., LTD., AMERICAN HONDA MOTOR CO., INC. and HONDA OF AMERICA, MFG., INC., is responsible for the research, design and development of certain aspects of Honda brand vehicles, including testing and developing safety technologies for same, and was responsible for the design, development, manufacture, assembly, testing, distribution and sale of Honda brand vehicles utilizing Takata airbags primarily in Japan, North America, Europe, and Asia, including the Subject Vehicle. HRD has been involved in the safety investigation and determinations made as to the motor vehicle safety issues arising from the defective and unreasonably dangerous condition of certain Honda brand vehicles it designs, manufactures and distributes for sale to the consuming public, including the Subject Vehicle. HRD has actively been involved in the developing knowledge of this motor vehicle safety issue by Honda entities over the last decade, and the actions and/or inactions of same relating to this public safety hazard. 9. Defendant AMERICAN HONDA MOTOR CO., INC. ( AHM ) is a California corporation, with its headquarters in Torrance, California, that designs, manufactures, assembles, tests, markets, promotes, advertises, distributes and sells HMC and/or Honda brand cars, trucks, and sport utility vehicles in the United States, including the Subject Vehicle. AHM has been identified by HMC as the Manufacturer s Agent in its NHTSA communications related to this motor vehicle safety issue involving exploding Takata airbags in Honda brand vehicles, and 4

5 AHM has been directly involved in the safety investigation and determinations made as to the motor vehicle safety issues arising from the defective and unreasonably dangerous condition of certain Honda brand vehicles it makes, including the Subject Vehicle. Additionally, AHM is responsible for the distribution of such Honda brand vehicles in the United States, Puerto Rico and the U.S. Virgin Islands. Moreover, AHM has actively been involved in the developing knowledge of this motor vehicle safety issue by Honda entities over the last decade, and the actions and/or inactions of same relating to this public safety hazard. Finally, to the extent the United States Department of Transportation ( DOT ) by and through the Secretary of Transportation has delegated authority to the Chief Counsel of the National Highway Traffic Safety Administration (hereinafter NHTSA ) by a Special Order dated November 5, 2014, to investigate this safety issue, it is AHM who has been ordered to provide responses to demands [for] certain information and documents provided and signed under oath no later than December 15, 2014, as to its newly initiated PE Air Bag Inflator Rupture investigation. See, Special Order Directed to American Honda Motor Co., Inc., dated November 5, 2014, attached hereto as Exhibit B. 10. Defendant HONDA OF AMERICA, MFG., INC. ( HAM ) is an Ohio corporation, with its principal place of business in Marysville, Ohio, that designs, manufactures, assembles, tests, markets, promotes, advertises, distributes and sells HMC and/or Honda brand cars, trucks, and sport utility vehicles in the United States, including the Subject Vehicle. HAM has been directly involved in the safety investigation and determinations made as to the motor vehicle safety issues arising from the defective and unreasonably dangerous condition of certain Honda brand vehicles it makes, including the Subject Vehicle. Moreover, HAM has actively 5

6 been involved in the developing knowledge of this motor vehicle safety issue by Honda entities over the last decade, and the actions and/or inactions of same relating to this public safety hazard. 11. Defendants HMC, HRD, AHM, and HAM are collectively referred to as Honda or Honda entities or Honda Defendants herein. 12. Defendant TAKATA CORPORATION ( TAKATA ) is a foreign for-profit corporation with its principal place of business in Tokyo, Japan. Takata is a specialized supplier of automotive safety systems, that designs, manufactures, assembles, tests, markets, distributes, and sells vehicle restraint systems to various Original Equipment Manufacturers ( OEM s ), including Honda, in the United States and abroad, including specifically the airbag incorporated and used by Honda in its supplemental airbag safety system in the Subject Vehicle. Takata is a vertically-integrated company and manufactures component parts in its own facilities, and, then, distributes same. 13. Defendant TAKATA, INC. ( TAKATA, INC. ) is a Delaware corporation and subsidiary and/or operational unit of TAKATA. TAKATA INC. is in the business of designing, manufacturing, assembling, testing, promoting, advertising, distributing and selling vehicle restraint systems to various OEM s, including Honda, including specifically the airbag incorporated and used by Honda in its supplemental airbag safety system in the Subject Vehicle. Takata is a vertically-integrated company and manufactures component parts in its own facilities, and, then, distributes same. 14. Defendant TK HOLDINGS INC. ( TK HOLDINGS ) is a Delaware corporation and subsidiary and/or operational unit of TAKATA. TK HOLDINGS, with its headquarters in 6

7 Auburn Hills, Michigan, is in the business of designing, manufacturing, assembling, testing, promoting, advertising, distributing and selling vehicle restraint systems to various OEM s, including Honda, including the airbag incorporated and used by Honda in its supplemental airbag safety system in the Subject Vehicle. Additionally, TK HOLDINGS has also been identified in various materials as manufacturing the inflators in the airbags which are rupturing or exploding sending metal fragments or shrapnel into vehicle users, and the propellant or explosive charge used within the inflator itself. TK Holdings also is involved in the distribution of such airbag systems to OEM s, including Honda. Moreover, to the extent the United States Department of Transportation ( DOT ) by and through the Secretary of Transportation has delegated authority to the Chief Counsel of the National Highway Traffic Safety Administration (hereinafter NHTSA ) by a Special Order dated October 30, 2014, to investigate this safety issue, it is TK HOLDINGS who has been ordered to provide responses to demands [for] certain information and documents provided and signed under oath no later than December 1, 2014, as to its newly initiated PE Air Bag Inflator Rupture investigation. See, Special Order Directed to TK Holdings, Inc., dated October 30, 2014, attached hereto as Exhibit C. 15. TAKATA, TAKATA INC., and TK HOLDINGS are collectively referred to as Takata, Takata entities or Takata Defendants herein. 16. Honda vehicles sold in the United States and abroad contain airbags designed and manufactured by Takata in its own manufacturing facilities, who, then, also distributes same for incorporation and use in Honda s Honda and Acura brand vehicles as designed, manufactured, assembled, marketed, promoted, advertised, distributed and sold by Honda in the United States and abroad, including, specifically, the airbag that ruptured or exploded in the 7

8 Subject Vehicle, a 2001 Honda Accord, causing the fatal injuries that directly led to the wrongful death of TRAN that is the subject of this Complaint. 17. Defendant, HONDA MOTOR COMPANY, LTD. ( HMC ), is a foreign corporation organized and existing under the laws of Japan with its principal place of business at 1-1, 2-chome, Minami-Aoyama, Minato-ku, Tokyo , Japan. HMC may be served by and through the Chairman of the Board, Chief Executive Officer, and President of HMC under Article 10(a) of the Hague Service Convention consistent with Florida law. In addition, HMC may be served through Japan s central authority pursuant to Article 5 of the Hague Convention by APS International, Ltd., or similar entities. HMC conducts business in the State of Florida, and regularly causes its products to be sold in Florida, specifically, Orange County. 18. The Defendant, HMC, submitted itself to the jurisdiction of this Honorable Court by doing, personally or through its agents, at all times material to this cause of action, the following acts: a) Committing a tortious act within this state by selling and delivering defective vehicles, including the Subject Vehicle which is the subject of this Complaint, to persons, firms, or corporations in this state via its distributors, dealers, wholesalers, and brokers. Such Honda vehicles were used by consumers in Florida in the ordinary course of commerce and trade; b) Conducting and engaging in substantial business and other activities in Florida by selling and servicing Honda vehicles and component parts to persons, firms, or corporations in this state via its distributors, wholesalers, dealers, and brokers. Such Honda vehicles were used by consumers in Florida in the ordinary course of commerce and trade; c) Causing injury to persons in Florida, including TRAN. At or about the time of said fatal injuries, the Defendant engaged in solicitation activities in Florida to purposefully promote the sale, consumption, and use of Honda vehicles, including the Subject Vehicle which is the subject 8

9 of this Complaint; and d) Selling Honda vehicles and component parts, including the Subject Vehicle which is the subject of this Complaint, with knowledge or reason to foresee that their Honda vehicles would be shipped in interstate commerce and would reach the market of Florida users or consumers. 19. Defendant, HONDA R & D CO., LTD. ( HRD ), is a foreign corporation organized and existing under the laws of Japan with its principal place of business at Wako Research Center, Chuo, Wako , Japan. HRD may be served by and through the Chairman of the Board, Chief Executive Officer, and President of HRD under Article 10(a) of the Hague Service Convention consistent with Florida law. In addition, HRD may be served through Japan s central authority pursuant to Article 5 of the Hague Convention by APS International, Ltd., or similar entities. HRD conducts business in the State of Florida, and regularly causes its products to be sold in Florida, specifically, Orange County. 20. The Defendant, HRD, submitted itself to the jurisdiction of this Honorable Court by doing, personally or through its agents, at all times material to this cause of action, the following acts: a) Committing a tortious act within this state by selling and delivering defective vehicles, including the Subject Vehicle which is the subject of this Complaint, to persons, firms, or corporations in this state via its distributors, dealers, wholesalers, and brokers. Such Honda vehicles were used by consumers in Florida in the ordinary course of commerce and trade; b) Conducting and engaging in substantial business and other activities in Florida by selling and servicing Honda vehicles and component parts to persons, firms, or corporations in this state via its distributors, wholesalers, dealers, and brokers. Such Honda vehicles were used by consumers in Florida in the ordinary course of commerce and trade; 9

10 c) Causing injury to persons in Florida, including TRAN. At or about the time of said fatal injuries, the Defendant engaged in solicitation activities in Florida to purposefully promote the sale, consumption, and use of Honda vehicles, including the Subject Vehicle which is the subject of this Complaint; and d) Selling Honda vehicles and component parts, including the Subject Vehicle which is the subject of this Complaint, with knowledge or reason to foresee that their Honda vehicles would be shipped in interstate commerce and would reach the market of Florida users or consumers. 21. Defendant, AMERICAN HONDA MOTOR CO., INC. ( AHM ), is a California Corporation authorized to conduct business in the State of Florida, and regularly causes its products to be sold in Florida, specifically, Orange County. 22. The Defendant, AHM, submitted itself to the jurisdiction of this Honorable Court by doing, personally or through its agents, at all times material to this cause of action, the following acts: a) Committing a tortious act within this state by selling and delivering defective vehicles, including the Subject Vehicle which is the subject of this Complaint, to persons, firms, or corporations in this state via its distributors, dealers, wholesalers, and brokers. Such Honda vehicles were used by consumers in Florida in the ordinary course of commerce and trade; b) Conducting and engaging in substantial business and other activities in Florida by selling and servicing Honda vehicles and component parts to persons, firms, or corporations in this state via its distributors, wholesalers, dealers, and brokers. Such Honda vehicles were used by consumers in Florida in the ordinary course of commerce and trade; c) Causing injury to persons in Florida, including TRAN. At or about the time of said fatal injuries, the Defendant engaged in solicitation activities in Florida to purposefully promote the sale, consumption, and use of Honda vehicles, including the Subject Vehicle which is the subject of this Complaint; d) Selling Honda vehicles and component parts, including the Subject 10

11 Vehicle which is the subject of this Complaint, with knowledge or reason to foresee that their Honda vehicles would be shipped in interstate commerce and would reach the market of Florida users or consumers; and e) Voluntarily qualifying to conduct business in this state by registering with the Florida Department of State and designating a resident agent for service of process in Florida at all times material to this action. 23. Defendant, HONDA OF AMERICA MFG., INC. ( HAM ), is an Ohio Corporation authorized to conduct business in the State of Florida, and regularly causes its products to be sold in Florida, specifically, Orange County. 24. The Defendant, HAM, submitted itself to the jurisdiction of this Honorable Court by doing, personally or through its agents, at all times material to this cause of action, the following acts: a) Committing a tortious act within this state by selling and delivering defective vehicles, including the Subject Vehicle which is the subject of this Complaint, to persons, firms, or corporations in this state via its distributors, dealers, wholesalers, and brokers. Such Honda vehicles were used by consumers in Florida in the ordinary course of commerce and trade; b) Conducting and engaging in substantial business and other activities in Florida by selling and servicing Honda vehicles and component parts to persons, firms, or corporations in this state via its distributors, wholesalers, dealers, and brokers. Such Honda vehicles were used by consumers in Florida in the ordinary course of commerce and trade; c) Causing injury to persons in Florida, including TRAN. At or about the time of said fatal injuries, the Defendant engaged in solicitation activities in Florida to purposefully promote the sale, consumption, and use of Honda vehicles, including the subject Honda vehicle which is the subject of this Complaint; and d) Selling Honda vehicles and component parts, including the Subject Vehicle which is the subject of this Complaint, with knowledge or reason to foresee that their Honda vehicles would be shipped in interstate commerce and would reach the market of Florida users or consumers. 11

12 25. Defendant, TAKATA CORPORATION ( TAKATA ), is a foreign corporation organized and existing under the laws of Japan with its principal place of business at Shigeshisa Takada, Akasaka 2-Chome, Minato-Ku, Tokyo, Japan. TAKATA may be served by and through the Chairman of the Board, Chief Executive Officer, and President of TAKATA under Article 10(a) of the Hague Service Convention consistent with Florida law. In addition, TAKATA may be served through Japan s central authority pursuant to Article 5 of the Hague Convention by APS International, Ltd., or similar entities. TAKATA conducts business in the State of Florida, and regularly causes its products to be sold in Florida, specifically, Orange County. 26. The Defendant, TAKATA, submitted itself to the jurisdiction of this Honorable Court by doing, personally or through its agents, at all times material to this cause of action, the following acts: a) Committing a tortious act within this state by selling and delivering defective vehicles and/or component parts, including the Subject Vehicle which is the subject of this Complaint, to persons, firms, or corporations in this state via its distributors, dealers, wholesalers, and brokers. Such products were used by consumers in Florida in the ordinary course of commerce and trade; b) Conducting and engaging in substantial business and other activities in Florida by selling and delivering defective products, including the subject airbag system, to persons, firms, or corporations in this state via its distributors, wholesalers, dealers, and brokers. Such products were used by consumers in Florida in the ordinary course of commerce and trade; c) Causing injury to persons in Florida, including TRAN. At or about the time said fatal injuries occurred, Defendant engaged in solicitation activities in Florida to promote the sale, consumption, and use of its products and such products were consumed within Florida in the ordinary course of commerce, and Defendant was engaged in substantial and not 12

13 isolated activity within this state; and d) Selling and delivering defective products to persons, firms, and corporations via its distributors, dealers, wholesalers, and brokers, with knowledge or reason to foresee that they would be shipped in interstate commerce and would reach the market of Florida users and consumers. 27. Defendant, TAKATA, INC. ( TAKATA INC. ), is a Delaware Corporation authorized to conduct business in the State of Florida, and regularly causes its products to be sold in Florida, specifically, Orange County. 28. The Defendant, TAKATA INC., submitted itself to the jurisdiction of this Honorable Court by doing, personally or through its agents, at all times material to this cause of action, the following acts: a) Committing a tortious act within this state by selling and delivering defective vehicles and/or component parts, including the Subject Vehicle which is the subject of this Complaint, to persons, firms, or corporations in this state via its distributors, dealers, wholesalers, and brokers. Such products were used by consumers in Florida in the ordinary course of commerce and trade; b) Conducting and engaging in substantial business and other activities in Florida by selling and delivering defective products, including the subject airbag system, to persons, firms, or corporations in this state via its distributors, wholesalers, dealers, and brokers. Such products were used by consumers in Florida in the ordinary course of commerce and trade; c) Causing injury to persons in Florida, including TRAN. At or about the time said injuries occurred, Defendant engaged in solicitation activities in Florida to promote the sale, consumption, and use of its products and such products were consumed within Florida in the ordinary course of commerce, and Defendant was engaged in substantial and not isolated activity within this state; and d) Selling and delivering defective products to persons, firms, and corporations via its distributors, dealers, wholesalers, and brokers, with 13

14 knowledge or reason to foresee that they would be shipped in interstate commerce and would reach the market of Florida users and consumers. 29. Defendant, TK HOLDINGS INC. ( TK HOLDINGS ), is a Delaware Corporation authorized to conduct business in the State of Florida, and regularly causes its products to be sold in Florida, specifically, Orange County. 30. The Defendant, TK HOLDINGS, submitted itself to the jurisdiction of this Honorable Court by doing, personally or through its agents, at all times material to this cause of action, the following acts: a) Committing a tortious act within this state by selling and delivering defective vehicles and/or component parts, including the Subject Vehicle which is the subject of this Complaint, to persons, firms, or corporations in this state via its distributors, dealers, wholesalers, and brokers. Such products were used by consumers in Florida in the ordinary course of commerce and trade; b) Conducting and engaging in substantial business and other activities in Florida by selling and delivering defective products, including the subject airbag system, to persons, firms, or corporations in this state via its distributors, wholesalers, dealers, and brokers. Such products were used by consumers in Florida in the ordinary course of commerce and trade; c) Causing injury to persons in Florida, including TRAN. At or about the time said injuries occurred, Defendant engaged in solicitation activities in Florida to promote the sale, consumption, and use of its products and such products were consumed within Florida in the ordinary course of commerce, and Defendant was engaged in substantial and not isolated activity within this state; d) Selling and delivering defective products to persons, firms, and corporations via its distributors, dealers, wholesalers, and brokers, with knowledge or reason to foresee that they would be shipped in interstate commerce and would reach the market of Florida users and consumers; and e) Voluntarily qualifying to conduct business in this state by 14

15 registering with the Florida Department of State and designating a resident agent for service of process in Florida at all times material to this action. THE SUBJECT ACCIDENT 31. On September 29, 2014, TRAN was driving her vehicle, a 2001 Honda Accord, VIN # 1HGCG165X1A005057, when she was involved in a moderate automobile accident at the intersection of Valencia College Lane and Chickasaw Trail, in Orange County, Florida, as she was making a left hand turn. See, Florida Highway Patrol diagram attached as Exhibit D. While properly restrained by the Subject Vehicle s shoulder and lap belt, TRAN made such turn with the green light, and her vehicle was struck in the front by an oncoming motorist, triggering the deployment of her 2001 Accord s airbag safety system which was designed and manufactured for use in her vehicle to provide protection from injuries in such foreseeable type crashes. See, Id. However, instead of providing such protection as intended, the airbag system failed, with the inflator of the airbag safety system rupturing and exploding upon receiving a signal to deploy the airbag in this crash shooting metal fragments of the airbag safety system itself through TRAN s vehicle, such metal fragments or shrapnel striking her in the face, neck and upper chest causing fatal injuries that resulted in her ultimate death three (3) days later on October 2, The accident involving TRAN was initially investigated by the Orange County Sheriff s Office ( Orange County ) as a homicide based upon the stab like wounds to TRAN s face, neck and upper body. In fact, as law enforcement worked diligently to identify the circumstances surrounding the potential stabbing incident leading to TRAN being in a suspected post-stabbing automobile accident as she may have fled an assailant, Orange County pursued various leads and even identified a possible person-of-interest. However, as the investigation 15

16 continued, and with the Medical Examiner s Office becoming involved after October 2, 2014, when TRAN passed away three (3) days post-accident, the discovery that her fatal injuries were caused by an exploding airbag in her 2001 Honda Accord was made. Orange County then closed its investigative efforts, pending an investigation by the Florida Highway Patrol ( FHP ) who is charged with investigating vehicular deaths in Florida like that involving TRAN. To date, the final reports of Orange County, the Medical Examiner s Office and FHP have not been released, but, an examination by FHP of the Takata airbag safety system from the Subject Vehicle with the assistance of NHTSA has confirmed that the inflator ruptured sending metal fragments from the inflator itself through the airbag cushion. See, Photographs taken November 11, 2014 at the FHP Investigative Inspection with NHTSA showing the ruptured inflator, a metal fragment found, and the airbag cushion with documented exit holes from metal fragments, attached hereto as Exhibit E. 33. Throughout this time, the family of TRAN was forced to live with the wide range of emotions, questions, doubts, stress and trauma that accompanied not knowing or understanding why TRAN was fatally killed. Now, as more and more is learned every day about Honda and Takata, and their knowledge about the dangers posed by exploding Takata airbags like that which killed TRAN, the family of TRAN must confront, process and come to grips with the apparent wanton disregard for human life of Honda and Takata as demonstrated by their actions and inactions leading to a death that was avoidable and unnecessary. FACTUAL ALLEGATIONS 34. When looking at the publically available historical record and continually developing facts, as are plead with specificity herein, surrounding the public safety hazard posed 16

17 by unreasonably dangerous and defective exploding Takata airbags in Honda brand vehicles, like the airbag that ruptured and exploded in the 2001 Honda Accord that was being driven by TRAN on September 29, 2014, causing her fatal injuries, a pattern of conscious disregard for the safety of the consuming public, including, specifically, Honda brand vehicle owners like TRAN, is seen. 35. The knowing and intentional decisions to voluntarily act or not act to notify the public and/or voluntarily recall these unreasonably dangerous and defective vehicles with Takata airbags, to disclose information or conceal it with respect to Other Similar Incidents ( OSIs ) involving these defective airbags, or to comply with federal law or violate it by not timely and appropriately reporting information known of with respect to other serious injuries and deaths caused by such airbags to NHTSA, all reflect a series of historical corporate decisions by both the Honda Defendants and Takata Defendants, and their upper management, to knowingly and actively conceal and/or misrepresent to the public, NHTSA and persons like TRAN, who owned a 2001 Honda Accord with an incorporated Takata airbag, the nature, scope and risks posed by these airbags of which they knew or should have known. Such conduct, and their failure to act or warn of same in a reasonable and responsible way over the years naturally and in a continuous sequence, directly caused and contributed to the death of TRAN. Takata and its Manufacture of Airbag Systems and Inflators 36. The Takata Defendants were responsible for the design, manufacture, assembly, testing, marketing, promotion, advertising, distribution and sale of the Takata airbag safety system that was incorporated into the Subject Vehicle by the Honda Defendants, who designed, manufactured, assembled, tested, marketed, promoted, advertised, distributed and sold same. 17

18 37. The Takata Defendants are reported as being the world s second largest maker of automotive safety devices, including airbags. Takata was a pioneer in developing driver side airbags, being the first to market driver side airbags in the early 1980s. 38. Takata has supplied airbags to U.S. consumers and to state and local governmental purchasers since at least 1983, and, as of 2007, it is reported that airbag safety systems making up approximately 37.3% of Takata s automotive safety products business. 39. Takata also designs, develops, tests and builds in-house other safety technologies, including cushions, inflators, and propellants utilized in same, which are all components of Takata-manufactured airbag safety systems. 40. Airbags are a normal part of a vehicle s supplemental occupant restraint safety system. When an accident occurs, airbags inflate faster than the blink of an eye. Airbags are key components in almost all automotive safety systems, and, although consumers cannot see them perform under normal conditions with the naked eye, they soften the impact of collisions by keeping passengers from contacting the steering wheel, dashboard, front glass, and other parts of the automobile. Operators and passengers of a motor vehicle with airbags rely on the manufacturers of such safety systems, and the vehicle it is incorporated into, to ensure the airbags and vehicle are safe to use. Airbags have been one of the central safety features of any motor vehicle made since 2000, like the 2001 Honda Accord owned by TRAN. 41. The Subject Vehicle, like potentially millions of similar vehicles that remain in use on American roadways today, contains an airbag which was designed, manufactured, assembled, tested, promoted, advertised, distributed and sold by the Takata Defendants to 18

19 various original equipment manufacturers ( OEM s ), including Honda, to be incorporated and used as a supplemental safety restraint system. 41. However, as designed, made and distributed, the Takata airbags, instead of protecting vehicle occupants from bodily injury during foreseeable accidents, violently rupture and explode sending potentially lethal metal fragments through the airbag cushion and into vehicle occupants who were meant to benefit from the supplemental protective benefits of what is intended to be a safety device. 42. The airbags at issue in this case were developed by Takata in the late 1990 s in an effort to make airbags more compact and to reduce the toxic fumes that earlier airbag models emitted when deployed. The redesigned airbags are inflated by means of a propellant, or explosive charge. With respect to Takata, such propellant has historically used ammonium nitrate as a primary compound. That propellant or explosive is encased in a metal canister, the inflator. 43. As can be seen from the below illustrative diagram, propellant is encased within the airbag s inflator. During assembly, the airbag inflator is inserted into the steering wheel housing or module where the airbag cushion is held. In an accident the propellant is ignited in the inflator to create rapidly expanding gases which serve to deploy the airbag itself when an airbag is deemed necessary to provide supplement occupant protection in foreseeable frontal crashes. 19

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