Hyundai Sonata Defective Braking System Class Action Lawsuit Trimmed

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The claims in the class action lawsuit accusing Hyundai of defective brakes and refusal to cover costs in some of its Sonata models were pared down on Tuesday by a New York federal judge.

Lead plaintiffs filed the Hyundai Sonata class action lawsuit in March of 2012. In it, Sonata owners alleged that model years 2006 through 2010 Hyundai Sonatas were equipped with defective braking systems causing “significant squealing” and premature deterioration of the rotors and pads, and of the ability of the calipers to stick and bring the vehicle to a stop.

“These defects are unreasonably dangerous, as they can cause the braking system components to become severely worn and damaged, and may lead to a complete failure of the braking system,” the plaintiffs alleged in the Hyundai Sonata class action lawsuit. Additionally, the plaintiffs claim that Hyundai “actively concealed” the the defect from consumers and failed to recall the Sonata to repair the defect. Additionally, Hyundai did not offer to repair the defects or reimburse repair costs, in violation of a warranty, the plaintiffs allege.

On Tuesday, U.S. District Judge Kenneth M. Karas trimmed plaintiffs’ claims for breach of contract and unjust enrichment but retained the express warranty and state law claims. The judge explained that the breach of contract allegations failed because the plaintiffs did not have a contract with Hyundai. Rather, they have a contract with the car dealerships where they purchased their allegedly defective vehicles.

Judge Karas ruled that the unjust enrichment claims were the same as the warranty claims, and duplication was not necessary. In refusing to allow the plaintiffs leave to amend their Hyundai Sonata class action lawsuit, Judge Karas noted that the plaintiffs had already be notified of the defects in their complaint and been provided an opportunity to amend stating, “Plaintiffs’ failure to fix the deficiencies in their initial complaint, after being provided with full notice of it, is alone sufficient ground to deny leave to amend,” in his order.

In retaining the New York business law and breach of warranty claims, Judge Karas noted that, according to the Hyundai Sonata class action lawsuit, Hyundai had failed to either issue a recall or remedy the defect during the warranty period, which was enough to establish the plaintiffs’ claims. Judge Karas explained in his order that the lead plaintiffs demonstrated that the alleged defect was the problem of a manufacturing or workmanship defect, and that the basic warranty did exclude coverage of components of the braking system.

The lead plaintiffs, Karen Marshall, Paul Flannery and Darrell R. White, are represented by Gary Steven Graifman of Kantrowitz Goldhamer & Graifman PC, Elmer Robert Keach III of Law Offices of Elmer Robert Keach III PC, Gary E. Mason of Whitfield Bryson & Mason LLP and Nicholas A. Migliaccio of Mason LLP.

The Hyundai Sonata Defective Braking System Class Action Lawsuit is Marshall, et al. v. Hyundai Motor America, Case No. 7:12-cv-03072, in the U.S. District Court for the Southern District of New York.