NHTSA Complaint #10947095 — 2006 MAZDA TRIBUTE

FOSTER LAW OFFICES AND ATTORNEY [XXX] REPRESENT [XXX] IN CONNECTION WITH HIS DEATH ON OR ABOUT DECEMBER 1, 2016 IN KAILUA-KONA, HAWAII. [XXX] WAS THE FRONT SEAT PASSENGER OF A 2006 MAZDA TRIBUTE DRIVEN BY [XXX], WHO ALSO DIED IN THE ACCIDENT. THIS COMPLAINT IS BASED ON RECALL #6812G ("RECALL"). BASED ON A DOCUMENT ENTITLED "MAZDA NORTH AMERICA OPERATIONS WARRANTY VEHICLE INQUIRY REPORT" ("INQUIRY REPORT"), TWO SEPARATE REPAIRS WERE MADE IN CONNECTION WITH THE RECALL. ON OR ABOUT FEBRUARY 1, 2013, THE MAZDA DEALERSHIP INSTALLED PART NUMBER 1F0110218 ("FIRST REPAIR"). ON OR ABOUT FEBRUARY 25, 2013, THE SAME MAZDA DEALERSHIP INSTALLED A SECOND PART - PART NUMBER 1F0310218 ("SECOND REPAIR"). IT IS UNCLEAR WHETHER THE DEALERSHIP REMOVED PART NUMBER 1F0110218 AS PART OF THE SECOND PART INSTALLATION. THE FIRST REPAIR WAS "PAID" BY MAZDA. THE SECOND REPAIR WAS "DENIED" PAYMENT BY MAZDA. THE INQUIRY REPORT IS ATTACHED. UPON INFORMATION AND BELIEF, THE FOLLOWING OCCURRED ON OR ABOUT DECEMBER 1, 2016: A 2006 MAZDA TRIBUTE ("TRIBUTE") VIN # [XXX], DRIVEN BY [XXX] WAS TRAVELING NORTHBOUND ON HIGHWAY 190 IN KAILUA-KONA, HAWAII AT APPROXIMATELY 12:30 P.M ON DECEMBER 1, 2016. [XXX], WAS THE FRONT SEAT PASSENGER IN THE TRIBUTE. THE TRIBUTE COLLIDED HEAD-ON WITH A DUMP TRUCK TRAVELING SOUTHBOUND ON 190. BOTH [XXX] WERE DECLARED DECEASED UPON ARRIVAL TO KONA COMMUNITY HOSPITAL. MINUTES BEFORE THE SUBJECT HEAD-ON COLLISION, THE HAWAII ISLAND POLICE DEPARTMENT RECEIVED A CALL FROM A DRIVER COMPLAINING THAT THE TRIBUTE WAS DRIVING IRREGULARLY. THE TRAFFIC ENFORCEMENT DIVISION OF THE HAWAII ISLAND POLICE DEPARTMENT IS INVESTIGATING THE ACCIDENT. OFFICER [XXX] IS THE INVESTIGATING OFFICER. INFORMATION REDACTED PURSUANT TO THE FREEDOM OF INFORMATION ACT (FOIA), 5 U.S.C. 552(B)(6). *TR