Samuel-Bassett v Kia Motors America, Inc.
1995-2001 Model Kia Sephia Owners in Pennsylvania Certified as Class in Premature Brake Wear Action
The class has been certified in an action filed against Kia Motors America, Inc. on behalf of Pennsylvanians who purchased or leased a 1995-2001 Kia Sephia for personal, family or household purposes. The action alleges that the autos have inherently defective brakes in violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, the federal Magnuson-Moss Warranty Improvement Act, along with allegations for breach of implied and express warranties. The action seeks compensatory damages that will cover the difference in value of the cars as warranted and the actual cars, reduction in resale value, sufficient funds to permit repair of the cars, and compensation for out-of-pocket expenses for attempts to repair the cars.
Named plaintiff Shamell Samuel-Bassett alleges that her car suffered from a braking defect that caused it to shudder, vibrate, make grinding and groaning noises, and sometimes fail to stop. She allegedly made at least five attempts to repair her car by having the rotors and brake pads replaced during the first 17,000 miles of use, but had no success. Kia refused to buy the car back from her. The court ruled that the class should be certified because a vast number of those Sephias manufactured and sold in those six years were subject to the wear-out of their brake pads and rotors before reaching the 5,000 mile mark regardless of who was driving them or where or how they were being driven.
The court found sufficient evidence to rule that Kia knew a vast number of its Sephias sold between 1997 and 2001 required brake part replacement at intervals under 5,000 miles.
