A lawsuit filed by Dodge’s parent company, DaimlerChrysler, alleges that Davis’ team breached its contract by building and testing a prototype Toyota vehicle for NASCAR’s Craftsman Truck series. Toyota has announced plans to enter the truck series next season leading to speculation that the Japanese automobile industry giant eventually will field cars in the marquee-level Winston Cup series. NASCAR rules require teams to race approved “American-made” cars, but Toyota manufactures several models at U.S. plants. In the lawsuit, DaimlerChrysler alleges that at least one member of Davis’ team represented Toyota at a NASCAR wind tunnel test in Marrietta, GA, on April 30. The suit says NASCAR officials performed aerodynamic tests on a Toyota prototype that bore decals from Davis’ team and was powered by a Dodge engine. The suit says this violates a clause in Davis’ contract with DaimlerChrysler that requires Davis and his team to “represent, endorse or otherwise promote” Dodge products. The suit, filed in a Michigan state circuit court on May 23, does not ask for a specific dollar amount in damages. But as a reward for racing Dodges, DaimlerChrysler pays its designated “factory” teams an annual sum believed to be in the low seven-figure range. The suit estimates that Davis’ team has spent only 50-60% of this year’s money, and asks for the remainder to be repaid. The suit also says DaimlerChrysler “fears that (Davis’ team) has or will share DaimlerChrysler’s confidential information with Toyota, in violation of the agreement,” and wants the courts to force Davis’ team to keep secret any confidential information they have obtained from Dodge. DaimlerChrysler officials declined comment Monday. Officials from Toyota and Davis’ team did not return messages seeking comment. NASCAR vice president of corporate communications Jim Hunter could not say for certain whether officials tested a Toyota prototype in the presence of Davis team members on April 30, but he said wind tunnel testing is common in NASCAR’s approval process for new vehicles.( USA Today )(6-3-2003)
