NHTSA Complaint #10514013 — 2006 MERCEDES-BENZ E350

PURCHASED 2006 MERCEDES-BENZ E350 4MATIC WITH 47,851 MILES ON ODOMETER FROM MATTIE IMPORTS, INC., FALL RIVER, MA ON MAY 27, 2013. AUTOMOBILE HAD APPROXIMATELY ONE-QUARTER OF A TANK OF GASOLINE AT PURCHASE. SALESPERSON DECLINED PURCHASER'S REQUEST TO "TOP-OFF" THE GAS TANK PRIOR TO BUYER LEAVING SELLERS LOT. ON MAY 28, 2013 BUYER FILLED GAS TANK WITH FUEL. BUYER IMMEDIATELY NOTICED A STRONG GASOLINE ODOR WHICH CONTINUED AFTER EXITING FUELING STATION. ODOR PROGRESSED FROM EXTERIOR OF AUTOMOBILE INTO AUTOMOBILE CABIN. BUYER CHECKED FUEL TANK FILLER CAP AND CONFIRMED IT WAS PROPERLY ENGAGED. BUYER INSPECTED THE ENTIRE AUTOMOBILE FOR ANY LEAKING FLUIDS AND FOUND NONE. THE STRONG ODOR OF GASOLINE PERSISTED THROUGHOUT THE NIGHT WHILE THE AUTOMOBILE WAS PARKED IN BUYER'S GARAGE. BUYER LEFT THE GARAGE DOOR PARTIALLY OPEN AND PLACED A FAN IN THE OPENING AND SET THE FAN TO EXHAUST IN AN EFFORT TO REMOVE THE STRONG FUEL ODOR. THE FOLLOWING MORNING THE STRONG GASOLINE ODOR WAS STILL PRESENT. BUYER'S 13 YEAR OLD SON WAS UNABLE TO WITHSTAND THE ODOR AND HAD TO COVER HIS NOSE AND MOUTH WHILE PASSING THROUGH BUYER'S GARAGE. BUYER HAS EXPERIENCED NAUSEA AND LIGHTHEADEDNESS SINCE BEING EXPOSED TO THE ODOR. UPON RESEARCH BUYER LEARNED THAT THERE EXISTS AND ONGOING NHTSA INVESTIGATION INTO THIS ISSUE AND A CLASS-ACTION LAWSUIT AS WELL. *TR