Hyundai Shattering Sunroof Class Action Gets Trimmed

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A class action lawsuit alleging Hyundai Motor Company America concealed a sunroof defect will proceed, although only the plaintiff’s fraud claims currently remain.

U.S. District Judge David O. Carter partially granted Hyundai’s motion to dismiss the sunroof defect class action lawsuit, nixing California consumer protection law and unfair profit claims.

He will allow the plaintiffs’ fraud-based claims to proceed.

Lead plaintiff Billy Glenn filed the Hyundai class action lawsuit in December, alleging that the car maker fails to warn consumers about the risk of spontaneous shattering associated with panoramic sunroofs in some vehicle models.

Three other Hyundai owners are named as plaintiffs in the shattering sunroof class action lawsuit.

The Hyundai vehicle models allegedly affected by the panoramic sunroof defect include the 2011-2016 Sonata, Tucson, and Veloster, as well as the 2013-2016 Santa Fe, Santa Fe Sport and Elantra GT.

According to the Hyundai class action lawsuit, the factory-installed panoramic sunroofs installed in these vehicles are prone to “spontaneous and dangerous shattering,” even under normal driving conditions.

The plaintiffs claim that Hyundai switched to using a thinner glass that is more difficult to temper properly, making the panoramic sunroofs more vulnerable to compromise.

The Hyundai class action lawsuit alleges that the thinner glass “cannot withstand the pressures and flexing that the sunroof and vehicle demand.”

Hyundai knew about the panoramic sunroof defect since at least 2012, according to the Hyundai class action lawsuit. However, the car company continues to conceal information about the panoramic sunroofs’ shattering risk from consumers, the plaintiffs claim.

According to the Hyundai class action lawsuit, Hyundai received numerous complaints about the shattering sunroofs and even issued a recall of some of the vehicles.

All of the plaintiffs assert that the panoramic sunroofs in their Hyundai vehicles shattered suddenly and that Hyundai refused to cover the cost of repairs.

They allege in the Hyundai class action lawsuit that they would not have purchased their vehicles, or would have paid significantly less for their vehicles, if they had known about the Hyundai panoramic sunroof defect.

The shattering sunroof class action lawsuit asserts violations of California’s Consumer Legal Remedies Act and Unfair Competition Law.

In his June 24 order, Judge Carter dismissed those claims because California law didn’t apply in this case even though Hyundai is based in California. Judge Carter found that the consumer protection law claims must come from the state in which the Hyundai with the allegedly defective sunroof was purchased.

Judge Carter also dismissed the plaintiffs’ unjust enrichment claims due to lack of clarity in the complaint about which state law should apply. He dismissed the consumer protection law and unjust enrichment claims without prejudice, meaning the plaintiffs will have an opportunity to amend their claims.

The plaintiffs are represented by Eric H. Gibbs, Dylan Hughes and David Stein of Gibbs Law Group LLP and Kim D. Stephens and Jason T. Dennett of Tousley Brain Stephens PLLC.

The Hyundai Shattering Sunroof Class Action Lawsuit is Glenn v. Hyundai Motor Company America, et al., Case No. 8:15-cv-02052, in the U.S. District Court for the Central District of California.

UPDATE: On Jan. 20, 2019, Hyundai owners involved in a class action lawsuit over an alleged shattering sunroof defect say they have reached a settlement that would provide several options to Hyundai drivers including a trade-in and cash.

UPDATE 2: April 2019, the Hyundai panoramic sunroof class action settlement is now open. Click here to file a claim.