A lawsuit has been filed against a rental company, auto auction company, used car retailer, manufacturer, and body shop in the death of a Florida woman.

The complaint, filed in Broward County Seventeenth Judicial Circuit Court May 16, alleges Destiny Byassee was killed in a June 12, 2023 collision when a counterfeit front driver-side air bag “detonated like a grenade and shot metal and plastic shrapnel throughout the vehicle cabin.”

“Ms. Byassee was a mother of two young children and had her entire life ahead of her. What should have been a minor collision turned deadly because of the alleged negligence of multiple companies,” John Morgan, an attorney with the firm representing Byassee’s estate, told NBC2 in Florida.

“She believed she was buying a safe and reliable vehicle, but our lawsuit alleges that several automotive companies worked to skirt the system by repairing what should’ve been a totaled vehicle, all just to make money. Because of that, Ms. Byassee lost her life, and her children will grow up without their mother.”

Chinese company Jilin Province Detiannuo Safety Technology Co. allegedly designs, manufactures, sells, distributes, and ships counterfeit air bags to the U.S. One of the air bags was put in Byassee’s 2020 Chevrolet Malibu by Jumbo Automotive and Haim Levy, the owner of the shop, according to the suit.

“In 2022, the vehicle was involved in a collision that caused the front driver-side air bag and front driver-side seatbelt pretensioner to deploy,” the suit states. “The damage to the subject Chevy Malibu from the crash was so significant that the vehicle should have been classified as a total loss, issued a salvage title, and removed from service.

“After being involved in a crash that caused the subject Chevy Malibu’s front driver-side air bag and seatbelt pretensioner to deploy, the front driver-side air bag module and the front driver-side seatbelt pretensioner must be removed and replaced with new components that comply with federal standards and the manufacturer’s designed specifications for the vehicle.”

Instead, the Malibu was sold to Drivetime through Manheim Auto Auction, Jumbo Automotive was hired to repair the vehicle before it was resold to Byassee, according to the complaint.

“In their effort to repair and replace the subject Chevy Malibu’s deployed front driver-side air bag, Jumbo and Levy purchased counterfeit and non-compliant air bag components that were designed, manufactured, and sold by Jilin and proceeded to install these components into the subject Chevy Malibu,” the suit states.

The seatbelt pretensioner wasn’t repaired or replaced, according to the complaint. Instead, the wires to the pretensioner were allegedly cut to allow the driver’s seatbelt to “release from its deployed position, appear normal, and appear to function as designed and intended to an unwitting customer.”

During the collision that killed Byassee, the lawsuit claims that the seatbelt pretensioner didn’t deploy as originally designed and the fragments from the front driver-side air bag struck Byassee in the face, head, and neck.

Jilin is accused of libelously placing the components into the stream of commerce and violating its duty to ensure that adequate testing and quality assurance was performed on its air bag components. The suit contends that Jilin owed a duty to adequately notify and warn owners and users of the subject Chevy Malibu about the defective and unreasonably dangerous condition of the air bag components.

The suit also states Jilin violated several Florida laws regarding fake air bags or junk-filled air bag compartments as well as federal law that specifies the performance requirements, standards, and testing for the protection of vehicle occupants in crashes. Jilin allegedly violated the Flordia Deceptive and Unfair Trade Practices Act, too.

Enterprise, Manheim, DriveTime, Jumbo Automotive, and Levy are each accused of negligence in the case:

• • Enterprise by not removing the Malibu from service after it crashed in 2022;
  • Manheim for selling the vehicle despite knowing, or reasonably should’ve known, that it wasn’t serviceable or safe to drive;
  • DriveTime for selling the vehicle despite knowing, or reasonably should’ve known, that the vehicle contained a defective, dangerous, and non-compliant driver-side vehicle air bag and an inoperable driver-side seatbelt pretensioner;
  • Jumbo Automotive for installing counterfeit and non-compliant air bag components and not repairing or replacing the seatbelt pretensioner with a compliant replacement; and
  • Levy for purchasing and installing the counterfeit air bag components and cutting the wires to the seatbelt pretensioners then not repairing or replacing them.

DriveTime is also accused of breaching implied warranty of merchantability by selling the Malibu even though it was defective, unsafe, unmerchantable, and unfit for use, according to the complaint. It adds that DriveTime impliedly arranged that the Malibu was of merchantable quality and kind.

Jumbo Automotive and Levy are accused of violating several Florida laws regarding fake air bags or junk-filled air bag compartments as well as federal law that specifies the performance requirements, standards, and testing for the protection of vehicle occupants in crashes as well as the state’s Deceptive and Unfair Trade Practices Act.

The suit seeks economic and non-economic damages, lost wages, lost earning capacity, loss of net accumulations, pain and suffering, mental anguish, loss of consortium, loss of enjoyment of life, pre- and post-judgment interest, and costs from all defendants on behalf of Byassee’s estate.

“From our investigation, we believe this is a shockingly widespread issue — rental car companies reselling damaged vehicles and auto repair shops installing cheap, non-compliant parts from Chinese companies and cutting corners during the repair process to resell vehicles as quickly as possible,” plaintiff attorney Andrew Parker Felix told NBC2.

“Consumers need to be aware of these tactics used to save money, increase profits, and keep vehicles on the road when they pose a severe danger. We will work to hold all parties responsible for our client’s tragic death, and hope to stop these companies from engaging in such ruthless and deadly business practices.”

Images

Featured image: Destiny Byassee was killed in a June 12, 2023 car crash that her estate is now bringing suit over. (Picture from Facebook)

More information

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