The Toyota Tundra engine recall lawsuit is Daley et al. v. Toyota Motor North America, Inc., a proposed class action filed in Vermont federal court in December 2024 over an alleged defect in the 3.4-liter twin-turbo V35A engine used in 2022–2024 Tundra and Tundra Hybrid trucks. The named plaintiffs voluntarily dismissed their individual claims in September 2025 while leaving the putative class claims open for a possible refiling, and Toyota’s recalls of the affected engines have continued to expand.1PACER Monitor. Daley et al v. Toyota Motor North America, Inc.
What the Lawsuit Alleged
Tom Daley of Vermont, Marty Holstien of Oregon, and Terrance Regan of North Carolina filed the complaint on December 2, 2024, in the U.S. District Court for the District of Vermont, case number 2:24-cv-01318-mkl. They sued on behalf of all U.S. owners and lessees of model-year 2022–2024 Toyota Tundra and Tundra Hybrid vehicles built with the V35A engine.2ClassAction.org. Daley et al. v. Toyota Motor North America, Inc. Complaint
At the center of the case is a manufacturing problem at Toyota Motor Manufacturing Alabama in Huntsville, where the V35A engines are assembled. The complaint alleges that machining debris — dirt, dust, sludge, and metal shavings — was not adequately cleared before final assembly, obstructing lubrication and adhering to crankshaft main bearings. Under higher loads, the contaminated bearings can fail, causing metal-on-metal friction and, in the worst cases, complete engine failure.2ClassAction.org. Daley et al. v. Toyota Motor North America, Inc. Complaint Reported symptoms include throttle lag, sudden lurching, engine knocking, rough running, hard starting, and stalling while driving.3ClassAction.org. Class Action Lawsuit Filed Over Alleged Engine Defect Plaguing Toyota Tundra and Tundra Hybrid
The complaint asserts claims for breach of implied warranties, consumer fraud and omissions, unjust enrichment, and violations of three states’ consumer protection laws: the Vermont Consumer Protection Act, the North Carolina Unfair and Deceptive Trade Practices Act, and the Oregon Unlawful Trade Practices Act.3ClassAction.org. Class Action Lawsuit Filed Over Alleged Engine Defect Plaguing Toyota Tundra and Tundra Hybrid The plaintiffs sought class certification, compensatory damages exceeding $5 million, declaratory and injunctive relief, attorney’s fees, and a jury trial.4Top Class Actions. Toyota Class Action Claims Some Tundras Have Engine Defect
Why Owners Sued Despite the Recall
Toyota had already announced its first recall (24V-381) in May 2024, covering roughly 102,000 2022–2023 Tundras, Tundra Hybrids, and Lexus LX 600 SUVs, with a promised free full engine replacement.5NHTSA. Toyota Safety Recall 24V-381 Dealer Communication The class action criticized that recall as too narrow. It excluded all 2024 model-year Tundras and left Tundra Hybrid models out of some provisions, even though the plaintiffs alleged those vehicles used substantially the same engine and showed the same symptoms.2ClassAction.org. Daley et al. v. Toyota Motor North America, Inc. Complaint
Toyota’s stated reason for excluding hybrids was that they use a different V35A engine configuration with different bearing pressure, and that the hybrid powertrain can maintain some motive power even if the gas engine fails.6NHTSA. Toyota Safety Recall 24V-381 Miscellaneous Documents The plaintiffs argued that owners of excluded vehicles were left with a known safety risk and no fix.
Where the Case Stands
Toyota filed a motion to dismiss in February 2025 and a second motion to dismiss an amended complaint in May 2025. The court set briefing deadlines through the fall of 2025, and in September 2025 the parties exchanged an Early Neutral Evaluation letter regarding potential evaluators, a step that sometimes precedes settlement discussions.1PACER Monitor. Daley et al v. Toyota Motor North America, Inc.
On September 29, 2025, the plaintiffs — by then including additional named plaintiffs Angel Rivera, Noah Hansell, and Gregg Petoff alongside the original three — filed a notice of voluntary dismissal. The dismissal was with prejudice as to the individual claims of the named plaintiffs, meaning those particular individuals gave up their personal claims, but without prejudice as to the putative class claims, meaning a class action based on the same theory could be refiled by other plaintiffs. The case was marked terminated on September 30, 2025, and remained in that status as of a docket update on June 18, 2026.1PACER Monitor. Daley et al v. Toyota Motor North America, Inc.
At least one legal commentary site described the matter as active as of mid-2026, pointing to Toyota’s ongoing recall expansions and still-unfinalized remedy as potential grounds for renewed litigation.7Lemon My Vehicle. Toyota Tundra Engine Recall Lawsuit
The Recalls That Prompted and Outlasted the Suit
Toyota has issued three recalls tied to the V35A engine. The first, 24V-381 in May 2024, covered about 102,000 vehicles with a guaranteed free replacement of the engine, wiring harness, and turbochargers.5NHTSA. Toyota Safety Recall 24V-381 Dealer Communication
The second recall, 25V767, was filed on November 6, 2025, and covered 126,691 additional vehicles: 113,079 model-year 2022–2024 Tundras, 9,895 Lexus LX 600s, and 3,717 Lexus GX 550s. Hybrid powertrains were again excluded. Owner notification letters were scheduled for late December 2025 through early January 2026, with no final remedy announced at filing.8NHTSA. Part 573 Safety Recall Report, Recall 25V767
The third recall, 26V320, was filed on May 20, 2026, adding approximately 43,566 non-hybrid 2024 Tundras produced between February and August 2024. The notice included “Do Not Drive” and “Park Outside” advisories, and owner letters were scheduled to be mailed between July 6 and July 20, 2026.9NHTSA. Part 573 Safety Recall Report, Recall 26V320 Across the three campaigns, more than 270,000 vehicles have been recalled.10Men’s Journal. Toyota Says It Won’t Replace Every Recalled Tundra Engine
Toyota’s approach to the remedy changed after the first recall. Rather than automatically replacing every engine in the later populations, the company introduced an inspection protocol in which dealers use software to measure the resonant frequency of the front of the crankshaft and assess the condition of the number-one main bearing. If the software cannot confirm the bearing is healthy, or the vehicle lacks enough drive data for a reliable reading, the engine is replaced free of charge.11CarBuzz. Toyota Tundra Recall Inspections Over Replacement10Men’s Journal. Toyota Says It Won’t Replace Every Recalled Tundra Engine
Some owners criticized the shift on the Tundras.com forum, calling the computer-based test a “cop-out” and questioning whether Toyota was trying to avoid replacements until vehicles were out of warranty.11CarBuzz. Toyota Tundra Recall Inspections Over Replacement
Toyota’s own analysis has evolved. Testing completed by May 2024 confirmed that machining debris of a specific size and quantity was present in certain engine lots and could cause bearing failure.6NHTSA. Toyota Safety Recall 24V-381 Miscellaneous Documents A February 2026 study identified a “stack up of bearing pressure” caused by a cam housing clearance change, timing chain tension, and engine loading scenarios, which the company described as “design-exacerbated” rather than purely manufacturing-related.12The Autopian. Toyota Just Recalled Another 43,566 Tundra Trucks Over Engine Problems In its recall reports, Toyota said it was “unable to estimate the percentage of the involved vehicles to actually contain the defect.” The company has a general reimbursement plan on file for owners who paid out of pocket to repair the condition before the recall was announced.8NHTSA. Part 573 Safety Recall Report, Recall 25V767
No specific accidents or injuries have been publicly confirmed in connection with the defect, though Toyota and NHTSA acknowledge that a stall at highway speed increases the risk of a crash.8NHTSA. Part 573 Safety Recall Report, Recall 25V767
Lemon Law Claims as a Separate Option
Individual lemon law claims run separately from any class action. In California, where many of the affected trucks were sold, the Song-Beverly Consumer Warranty Act lets owners of defective vehicles still under manufacturer warranty seek a full buyback or replacement if the defect substantially impairs the vehicle’s use, value, or safety and persists after a reasonable number of repair attempts. Successful claims can also recover out-of-pocket costs such as towing and rental expenses, and the law requires the manufacturer to cover the consumer’s attorney fees.13My Lemon Law Lawyer. Toyota Defective Engines Lemon Law Claims
Owners who eventually opt out of any class settlement can pursue their own case, which can yield more personalized compensation but requires individual litigation rather than the shared costs of a class action.