4. The Court has personal jurisdiction over the Toyota Defendants becausethey conduct substantial business in the State of West Virginia, have sufficient minimumcontacts with the State, and otherwise avail themselves of the markets in this State,through promotion, sale, marketing, and distribution of their products and services inthis State, so as to render the exercise of jurisdiction by this Court permissible undertraditional notions of fair play and substantial justice. The State of West Virginia has asubstantial and paramount interest in preventing the practices alleged herein fromoccurring in West Virginia.5. Venue is proper in this Court pursuant to 28 U.S.C. § 1391 because,among other things, a substantial portion of the acts and omissions complained ofoccurred in this judicial district. The Plaintiff Michael C. Graves, is a resident of the Cityof Charleston, in Kanawha County, West Virginia, and purchased a Toyota vehicle froma Toyota dealer located in Kanawha County, West Virginia. The Plaintiff MichaelGraves purchased a Toyota vehicle from a Toyota dealer located in Kanawha County,West Virginia. Toyota vehicles are marketed, sold, and serviced by Toyota throughoutthis judicial district, including but not limited to Kanawha County, West Virginia.
The Plaintiffs seek damages, restitution and equitable relief for themselvesand on behalf of all others similarly situated, who have purchased a Toyota vehiclecontaining the electronic throttle control system known as the ETCS-Intelligent System(“ETCS-i”) due to the dangerous propensity for vehicles so equipped to suddenlyaccelerate without driver input and against the intentions of the driver, coupled withToyota’s failure to provide necessary electronic and/or mechanical failsafes to enable