BECKLEY — A woman is suing Toyota after he husband was injured in a car accident and Toyota allegedly failed to follow through with a settlement.
Toyota Motor Sales USA Inc. and Toyota Motor North America Inc. were both named as defendants in the suit.
Joseph Richard Overbay Jr. was driving a 2013 Toyota Sienna van west on Mount View Road at the intersection of Flat Top Road on Dec. 11, 2020, when he was struck by a Chevrolet Silverado truck traveling on Flat Top Road, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
Joyce C. Overbay claims the airbags failed to deploy in her husband’s vehicle, which caused his severe and permanent injuries.
Joyce Overbay claims her husband was rendered incapacitated and he eventually died on Oct. 27, 2022.
After the crash, the plaintiff negotiated a settlement arising from the accident and Joyce Overbay claims she relied upon Toyota to follow the settlement terms, however, Toyota has failed and refused to fulfill its obligations arising from the settlement agreement.
The plaintiff claims the defendants breached the terms of the contract with her.
Joyce Overbay is seeking compensatory and punitive damages. She is represented by Thomas H. Peyton of Peyton Law Firm in Nitro.
U.S. District Court for the Southern District of West Virginia case number: 5:23-cv-00571
