VW Must Face Shattering Sunroof Class Action Lawsuit

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VW car owners overcame an effort to dismiss a Volkswagen shattering sunroof class action lawsuit, convincing a federal judge that they could prove the car maker knew of the defect.

The Volkswagen class action lawsuit alleges that both the panoramic and regular sunroofs in certain vehicle models are prone to spontaneously shattering, posing a danger to passengers and other motorists.

VW urged dismissal of the claims, arguing that the plaintiffs had not established that Volkswagen knew of the defect.

Originally, the plaintiffs had pointed to evidence that Volkswagen recalled similar products. However, they amended their complaint to include information about the Korean government’s investigation into the issue.

Further, the VW class action lawsuit was amended to note that international bodies, as well as the National Highway Traffic Safety Administration, have alerted Volkswagen to the shattering sunroofs as well.

“The Court has already concluded that, if true, allegations that VW and other manufacturers ‘have instituted prior recalls based on similarly designed sunroofs . . . would be some evidence that VW knew of a design defect in the sunroofs of the Class Vehicles,’” notes U.S. District Court Judge Jon S. Tigar in his order allowing the Volkswagen shattering sunroof class action to proceed.

According to the order, the additional evidence included in the amended Volkswagen shattering sunroof class action lawsuit, taken together, is enough to potentially establish that the car maker knew there were problems.

Pointing out that the plaintiffs “have now alleged more than prior recalls,” the judge concludes in his order that “[v]iewed in a light most favorable to Plaintiffs, the [second amended complaint’s] allegations are sufficient to raise a plausible inference of knowledge.”

The original Volkswagen shattering sunroof class action lawsuit was lodged against the car maker by plaintiff Rosaura Deras. Deras alleged that the sunroof on her Jetta, only a few years old at the time, spontaneously shattered while she was driving – showering her in glass.

She said the sound of the shattering was explosive, like a gunshot, and that she could tell that the window had shattered internally, on its own.

According to the VW class action lawsuit, Volkswagen denied warranty coverage to those who experienced shattering sunroofs. The amended complaint goes on to describe the various recalls, regulatory investigations, and complaints received by the car company alerting it to the problem.

“Plaintiff and numerous Class Members have been forced to incur substantial repair bills and other related damages, including being forced to make claims under their automotive insurance policies and incurring substantial deductibles,” the VW sunroof class action lawsuit states.

Models allegedly affected by the Volkswagen shattering sunroof defect include the 2005-2017 Jetta, 2015-2017 Golf, 2006-2015 GTI, 2009-2010 CC, 2007-2016 Eos, 2006-2009 Rabbit, 2012-2012 Passat, 2004-2006 Touareg, 2011-2017 Touareg, 2008 R32 Base, and the 2009-2017 Tiguan.

The Volkswagen car owners are represented by The Law Office of Stephen M. Harris PC.

The Volkswagen Shattering Sunroof Class Action Lawsuit is Rosaura Deras, et al. v. Volkswagen Group of America Inc., Case No. 3:17-cv-05452, in the U.S. District Court for the Northern District of California.