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Case ID: 3563 | Automotive | 07/20/2004
A national class action has been filed in Utah against German automaker Volkswagen of America, Inc. The action is brought in behalf of all U.S. residents who have purchased or leased 2002-2003 Volkswagen Jetta automobiles with factory installed heated seats. The Jetta owners allege that the seats are defective and overheat, causing property damage and bodily harm. The action only seeks to establish a fund to repair and or replace the defective seats, it does not seek any damages for personal injury. The action is brought under the theory of strict liability, claiming the seats were a defective design as well as claims for breach of implied and express warranties, negligence and a failure to warn Jetta drivers of the risk of harm and property damage.
According to Jetta drivers, the heated seats in their 2002-2003 model year cars are defective. The Jetta drivers claim that the seats frequently overheat, causing damage to the seat as well as bodily harm in certain cases. These alleged defects are the subject of an investigation by the U.S. National Highway and Traffic Safety Administration (NHTSA). According to the Jetta drivers, the NHTSA found enough evidence of an unsafe condition to conduct a full blown Engineering Analysis, a step only taken by the NHSTA in circumstances where a serious threat to the safety of American motorists exists. This investigation has uncovered over one hundred cases of property damage caused by overheating and burning seats as well as over 36 cases where bodily injury resulted. A parallel investigation is being performed by the Canadian equivalent of the NHTSA, Transport Canada. Volkswagen of American, Inc. has allegedly admitted that it is and was aware of the problem. Allegedly, Volkswagen changed the seat heating system early in 2002 in order to cut manufacturing time and costs. However, Volkswagen claimed that they felt the problem was not severe enough to remedy. Volkswagen suggested to the NHTSA during the investigation that the problem could be rectified by Jetta drivers if they simply turned off the heated seats in the event they overheated. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Automotive Cases of Interest Radiator problems can stop a vehicle cold. Several class actions have been filed against auto manufacturer General Motors Corporation on behalf of GM vehicle owners who allege that the company has used an inherently defective extended life engine coolant known as Dexcool since 1996, in violation of consumer protection laws and its own contracts with GM owners.
Uninsured/underinsured motorist automobile insurance covers you if you are injured in an accident by a liable party who carries insufficient (or no) liability insurance. The parties have reached a tentative $2 million settlement in an action filed against Nationwide Mutual Fire Insurance Company and related companies on behalf of California policyholders who were sent a selection/rejection form by the company and had their uninsured motorist coverage limits raised unilaterally by the company above $30,000/$60,000 and paid for the coverage between January 1, 1994, and December 31, 2002. Claim forms must be postmarked by October 22, 2003, to be considered valid. Vince and Jessica Childers of Hebron, Michigan allege that they, along with at least 59 other customers, purchased used automobiles from Hebron Auto Sales for which the dealership did not have title. The Childerses allege that Hebron Auto Sales kept the money but did not give the car titles to the purchasers. Sometimes defects in automobiles show up only after months of ownership. A nationwide class action has been filed against automaker DaimlerChrysler AG and its U.S. subsidiary on behalf of owners of 1998 through 2003 model year Dodge Durangos, alleging that the vehicles have defectively-designed upper ball joints that wear prematurely and fail suddenly and violently.
Florida's laws protect consumers from businesses that would otherwise harm them. The parties have reached a tentative $6.9 million settlement in an action filed against automobile retailer AutoNation, Inc. on behalf of Floridians who allege that, from August 6, 1995, through October 31, 2000, the company failed to deliver correctly signed retail installment contracts in connection with the sale of new and used motor vehicles in violation of Florida's Motor Vehicle Retail Sales Finance and Deceptive and Unfair Trade Practices Acts. To recover under the settlement, you must submit a claim form no later than July 29, 2003.
Sometimes, class actions provide the only means of curbing companies' fraudulent behavior in the arena of consumer services. The parties have reached a tentative $7.35 million settlement in a class action against Sears, Roebuck and Company on behalf of all persons throughout the United States who purchased the Sears AccuBalance tire balancing service between May 1, 1989, and June 30, 1994. Proof of claims forms must be postmarked no later than November 1, 2003, to be considered valid.
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