Family of doctor killed in Cayman sues Honda USA
(CNS): Dr Amber Martinez (28) was fresh out of medical school and beginning her career as a physician in the Cayman Islands in 2022 when she was killed in a crash as she drove to work in a 2008 Honda Fit. The Takata airbag installed in the car ruptured and shot metal shrapnel into her neck, which fractured her cervical spine, her family has stated, in a lawsuit filed in the United States against American Honda.
The legal action states that the bags made by the now-defunct Takata Corporation suffer from a known defect responsible for at least 27 deaths and hundreds of injuries worldwide.
Although Honda was aware of the problem for more than a decade, it was slow to bring a recall, lawyers representing the family said. They claim that if Honda had taken a more thorough approach, especially in the Cayman Islands, where the company does not seem to have contacted the relevant service providers, the doctor would still be alive.
The family is represented by attorneys Andrew Parker Felix and Steven Nauman of Morgan & Morgan and attorneys R. Frank Melton II and William Ourand of Melton Law Firm. They have filed the case in California.
“Dr Martinez’s story is a tragic example of what happens when companies put profits above safety,” said Morgan & Morgan founder John Morgan. “Despite allegedly knowing about the issues with Takata airbags in their vehicles since the early 2000s, Honda did not start recalling them until 2013. If they had acknowledged the problem earlier and taken the appropriate steps right away, we believe Dr Martinez would still be with us.”
American Honda eventually carried out an extensive recall process in the United States, which included contacting more than 160,000 independent third-party auto shops. However, Martinez had taken the car to be inspected at a local independent facility on Grand Cayman every year, but the airbag was never replaced because American Honda allegedly never contacted them.
“We believe that one phone call might have saved Dr Martinez’s life,” Felix said. “The allegedly lackadaisical recall effort Honda carried out in the Caribbean contributed to the untimely and preventable death of a 28-year-old physician. In addition to seeking justice for Dr Martinez’s family, we hope this lawsuit will compel American Honda to undertake a more substantial recall effort in the Caribbean, including in the Cayman Islands, to get these ticking time bombs out of vehicles for good.”
Morgan & Morgan has a dedicated defective airbags practice, which currently represents several families of people who have been killed by exploding Takata airbags and many more people who have been catastrophically injured.
Felix recently secured a $3 million verdict for a man injured by an exploding Takata airbag in Miami. He also serves on the Trust Advisory Committee, working with the Takata Airbag Tort Compensation Trust Fund. The Trust Advisory Committee represents the interests of all holders of personal injury and wrongful death claims caused by the rupture or aggressive deployment of Takata phase-stabilised ammonium nitrate (PSAN) airbag inflators.
See the full lawsuit below.
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Category: Local News, USA, World News
It’s impossible to believe be that in 2013 the dealers, car rental agencies and authorities in Cayman were unaware of the recall. The fact is they just turned a blind eye and ignored it, and to hell with drivers’ safety.
Just like developments here, built too close to the ocean on the same footprints of buildings blasted by previous storms. Developers, governments, realtors (representing both developers and buyers), even lawyers, have no interest in warning buyers, particularly gullible overseas buyers, of the risk. There are two on South Church Street and one still going up in West Bay that are classic examples.
The common factor? Quick profits at the expense of buyers’ safety. Move on. Deny responsibility.
A government’s core function is to protect the lives and well-being of its citizens. If a government fails in this fundamental duty, it cannot be considered legitimate.
Disposable’ Honda Fits a ‘clear and present danger’ to Cayman motorists (Compass article 2024)
* Cayman does not have any specific safety standards for imported vehicles.
* National Road Safety Steering Committee is aware of problems with Honda Fits and other so-called ‘Japanese domestic market’ vehicles.
* Honda Fit were not of the same quality as those created for the US, Canadian, UK or European markets, all of which have certain safety standards that must be met before a vehicle can be imported
* Japanese-market Fits are five inches shorter and about 300 pounds lighter than the models made for the US market.
* three people were killed in East End in May (2024)
* in terms of high safety standards, 6,500 registered Honda Fit vehicles are not up to par.
* National Road Safety Steering Committee was formalising a public awareness campaign ( as of June 2024)
* those models are not crash tested and do not have the type of crumple zone at the front that the models for the US market have
* Japanese market model “does not have super high-strength structural steel and it doesn’t have the same type of impact bar” as the US market model.
There is a clear and present danger,” Eric Bush, the chairs the National Road Safety Steering Committee added. “We want to make people aware so that they can make a conscious decision for themselves whether they want to buy that vehicle or continue driving it.” (2024)
“Whilst we are still working on what or how to implement vehicular standards for importation and operational purposes,” Bush said in 2024
“…we are meeting about next week (June 2024) with the Department of Communications about drivers beware and buyers beware … Know your vehicle. I am a firm believer that we can do something; we have to do something.”
One year later.
🔴What has changed?
🔴Were safety standards for the importation of vehicles implemented?
🔴Are drivers and buyers aware of the clear and present danger?
or
They are still working on this?
or
as One local vehicle dealer in Cayman had said: “While aiming for higher standards is commendable,…If you said tomorrow morning that all cars coming into Cayman needed to meet US standards, every dealer on island would have to shut their doors.”
I think the family must go after CIC, otherwise nothing will change.
An issue here is that we have tanks from the USA sharing space with JDM vehicles. In addition, we get all the crappy cars meant for developing nations. So, plenty of subpar Hyundai, Chevy (like the Tracker), Suzukis etc.
The consumer always gets shafted here.
Honda USA is irresponsible for Honda Cayman , whether your Honda is bought directly here or not.
Can a legal expert advise whether they have a good chance of winning this? I hope so, the family deserves closure. I hope they go after the CIG and DVDL next.
Sounds like the ole Mexican Standoff once again, but this time there’s not a hell of a chance they are walking away winning.
I went to school with Dr.Amber and her sister Chynna. My heart just breaks for her family. I can’t imagine the pain they feel after losing a daughter and sister. I wish them continued healing at this difficult time.
many of hybrid hondas also explode upon impact…i was told the ones not certified in usa or europe…
CI gov and DVDL need to be next up
I agree 100%. The Cayman Islands DVDL knew about the recall and should have ensured that each car affected had the defective airbag replaced when the car was licensed.
I can tell you that Car City more than did their part.
I had previously owned a Honda affected by the recall and they personally called me (although I had not bought the vehicle from Car City but they did service it before I sold it) and told me to bring it in for a free replacement. I called the guy who I sold it to and told him. I remember for months Car City ran ads to inform Honda owners of the recall. So DVDL should also be held responsible as they require all automobiles to be inspected before licensing ensuring they are safe to be driven on our roads. And remember we pay for the inspection.
I went to licence my car, they said it was on recall list, car city fixed airbag. The part I found disturbing was that while I waited for part to be delivered, I couldn’t drive my car, then was charged the extra payment for overdue licensing.
Morgan and Morgan is the biggest ambulance chasing law firm in the US. Their ridiculous adverts running on Miami TV stations every morning are appalling, claiming to have “recovered” billions for its clients, and claiming to be “keeping America safe”. What a load of BS. They’ve filed this suit hoping for a quick settlement from the Takata trust and Honda.
I do feel for the family though. What they’re going through is unbearable.
They stay in business, don’t they? So what is your problem with them?
My problem with them is that they are predatory vultures presenting the false narrative that they are helping people, when in fact they are only helping themselves.
Airbags aside, in this obviously tragic case, do authorities here see the myriad deathtraps on these roads? Some of which are ‘inspected’, it seems.
I see the same vehicles for days, months, and years, with entire light fitments missing or not working. Mufflers hanging off/non-existent. Windshields with massive cracks on. Who can sue who for this kind of stuff?
Seeing cars without working brake lights has become so common now that as a motorcyclist I take it upon myself to give the drivers at a still in traffic a heads-up on an almost daily basis.
If they are suing in the US, that means the car in the accident was made in the US and the used car was imported into Cayman, correct? It was not purchased from a local dealer in Cayman, nor was it repaired or inspected by the dealer. It is physically impossible for the manufacturer to identify and contact the new owner of a used car that was sold as a used car 14 years after manufacture and exported to a foreign country that is not the country of sale, or to request a recall of repair shops in all countries other than the country of sale, and no manufacturer has taken such action, correct?
In this case, the problem would be the government’s response, not the manufacturer. In other words, shouldn’t it be required by law that inspectors check recall information at the time of importation or vehicle inspection, and if the necessary measures have not been taken, the vehicle should not be inspected? This would be a far more reasonable accident prevention measure than making physically impossible demands on manufacturers.
They do. The government wont let you pass inspection and ultimately license the vehicle if it is under an airbag recall.
after she was killed
Before …. I recall close to COVID, we had to line up next to Priceright to have our airbags checked on my then 2010 CR-V.
Yes typical CIG reactive not proactive.
Always got to wait until something major happens before change can take place.
A really sad situation of course.
This is a strange case to file. The chassis number indicates the vehicle was imported from Japan. Not clear why Honda NA would be the authority to chase other than the attorneys convinced the individuals that they could get a payout (and a big fee for themselves) which seems clear by the demand for a jury trial).
More appropriate to go after, would have been the CI Government. It would have been very easy for the DVDL to implement this as a check as part of the annual inspection (which it now does, apparently only for Honda vehicles) but the same Takata air bags were in a varied number of manufacturer vehicles, not isolated to Honda. The prudent move would be for DVDL to add all manufacturers affected by this Takata recall especially after this fatal incident. I know my BMW is included in the recall but a couple years ago, I was flat out denied the recall fix by G.T. Motors due to my vehicle being imported from the US. First point of contact I would pursue if something were to happen would be the local dealership as their obligation extends beyond simply profiting from the consumer.
NHTSA recalls apply only to vehicles sold and serviced in the USA. This vehicle doesn’t qualify as either, so it’d be interesting to see what direction this case takes. I expect Honda NA would request immediate dismissal. It will never make it to trial, but the attorney knows this and is hoping for an easy settlement payout from the deepest pocket that is barely connected to the case. Morgan & Morgan being the biggest ambulance chaser in the US (yes, the entire country), they’re filing just with the expectation of an easy win.
Hopefully the family get’s something and it will help with what they’re going through but to make an impact and drive change, their case should also be filed in Cayman against CIG for a change to their DVDL policy. We observe Miami/Dade hurricane code & standards, we can observe NHTSA protocol re automotive safety – at least for recall fulfillment.
Was it a US left hand drive Honda, and how are they responsible for warranties cross border? Most Fits here are right hand from Japan, typically imported for cheap as they are not legal in Japan due to age and emissions, but for some reason perfectly fine here. A tragedy of course.
For clarity, when you hear about a “vehicle recall” its more a “parts recall”. All vehicles that have the suspect parts are recalled regardless of where they are made and its the division of the manufacturer who oversees that regions responsibility to ensure that those areas under their management received the recall notices as that’s where the cars in question are most likely to be brought in and serviced. Just because you say, have a Chevrolet made in Mexico for the SA market doesn’t mean you are going to take it back there for service, you would reasonably expect to take it to your local Chevy service location who, on checking the vehicle would see that there is a recall notice out and that your vehicle is affected and then act on the recall accordingly.
So where the car was actually manufactured is irrelevant beyond whether or not the suspect part was installed in the region.
Hope this help clarify things!.
Manufacturer-issued Technical Service Bulletins (TSBs) and Recall Notices apply globally, are to be performed by licensed technicians at Factory cost (not consumer cost). Where this goes off the script is that many of Cayman’s so-called “car dealerships” aren’t actually licensed dealerships at all, or even qualified service centers – Mexican/Jamaican fleet affiliate resellers at best. Consumers have no rights in Cayman.
This is very sad. So sorry to lose someone so young.
Honda has done a recall on the airbags and it is diligently enforced when we renew the registration on our vehicles. Car City has the contract to replace the airbags at no cost to the car owner. It is possible, I suppose, that this car slipped between the cracks and was new on the island and not yet been inspected. We are all required to have an inspection certification that the airbag has been replaced, or we can’t get the new registration.
What nonsense are you babbling on about?
Read the article!
It isn’t nonsense.
ALL vehicles licensed in the Cayman Islands require an inspection and compliance, regardless of where they came from! You think you can import a car and go merrily about with the original plate?
However, Martinez had taken the car to be inspected at a local independent facility on Grand Cayman every year, but the airbag was never replaced because American Honda allegedly never contacted them.’
Bullshit. You have to be in compliance if you get your registration renewed. There is no “independent facility” workaround. That is a lie.
It doesn’t matter if the Honda was made in the USA or Japan. To renew your registration in the Cayman Islands, you have to have those recalled airbags replaced, and Car City is the entity that does it.
Read the article!
Your comprehension skills are lacking.
Your ignorance isn’t.
Who is talking about plates…
Advertising..
‘It is possible, I suppose, that this car slipped between the cracks and was new on the island and not yet been inspected.’
Supposition..
So Honda US is now responsible for product recall in all countries where US Hondas get exported to? 14 years after they sold the car? Ambulance chaser working on the theory that Honda will settle as it would be cheaper than fighting, and the lawyers bag their success fee.
‘Ambulance chaser’ – The Doctor, the lady, human being passed away. Show some respect!
It is unimaginable the grief the family must be bearing with the loss of such a bright daughter with such a promising future.Retribution against others in any way cannot be the answer or solution to such grief, whether monetarily as compensation, greed or otherwise. Introspection as to the circumstances should be part of the process of healing, therefore restraining one-selves from becoming the usual crabs in a barrel mentality that pervades our society, and breaching their own positions of trust by setting up others cannot be part of the solution to such distress. Prayers are the answer for person growth.
It is unimaginable the grief the family must be bearing with the loss of such a bright daughter with such a promising future.Retribution against others in any way cannot be the answer or solution to such grief, whether monetarily as compensation, greed or otherwise. Introspection as to the circumstances should be part of the process of healing, therefore restraining one-selves from becoming the usual crabs in a barrel mentality that pervades our society, and breaching their own positions of trust by setting up others cannot be part of the solution to such distress. Prayers can also assist.
Yes, yes, no, yes.
so
1) Where was the vehicle purchased?
2) Did she have the vehicle serviced by the Honda dealership?
3) Are you really so thick headed!
Purchased from overseas & not serviced/inspected at Honda dealership.
Ambulance chasing US lawyers hoping for % of settlement
Doesn’t matter, what does DVDL do about the recalls? They have known about them for some time right? Yet only after she dies they now realize they dropped the ball and haven’t done what they should have. Seems like her life was sacrificed for everyone else on this island.
Thank goodness someone is awake!