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A class action lawsuit alleging defects in Samsung washing machines caused damage to users’ homes will be allowed to proceed in a Pennsylvania court; however, the federal judge limited the plaintiffs from a nationwide Class.
Plaintiff Rose Wagner alleged in the class action lawsuit that her home sustained $25,000 in damages after her Samsung washing machine leaked.
The plaintiff claimed that defects in the washing machines caused “catastrophic failure” and random explosions.
According to the class action, a bracket supporting the washing machine’s discharge pump broke because it couldn’t handle the force of a motor also contained in the washer.
Samsung argued that this class action should be precluded by a settlement reached between the plaintiff’s insurance company and the home electronics company.
U.S. District Judge Thomas O’Neill disagreed and allowed claims for tort liability. The judge also noted that the claims surrounding the leaky washing machine incident were unclear.
“Defendant has not submitted evidence that is relevant to this determination, including: the terms of plaintiff’s insurance policy; whether plaintiff was aware of her insurer’s negotiation with defendant and had an opportunity to intervene; or the circumstances under which plaintiff accepted the partial reimbursement for her deductible,” wrote the judge in the opinion.
In the class action that was filed in February of 2015, the plaintiff claimed that service bulletins and online complaints show that Samsung was notified of the problem and knew how to repair the pumps.
“These two allegations raise the prospect that defendant knew of the alleged defect with respect to the model she purchased ‘above the speculative level’ and ‘raise[s] a reasonable expectation that discovery will reveal evidence of’ defendant’s knowledge,” said the judge, supporting the plaintiff’s claims.
Judge O’Neill did trim the plaintiff’s bid to represent a nationwide Class of consumers along with a claim for an injunction.
Samsung has issued a voluntary recall of 34 models of their top-load washing machines. Relatedly, a number of other class actions lawsuit were filed against Samsung over alleged defects in their washing machines and include complaints of injury and property damage resulting from the allegedly exploding washers.
Wagner is represented by Michael Fantini and Shanon Carson of Berger & Montague PC, Amy Keller, Tyler Story and Edward Wallace of Wexler Wallace LLP and Greg Coleman and Lisa White of Greg Coleman Law PC.
The Samsung Leaky Washing Machine Class Action Lawsuit is Wagner v. Samsung Electronics Inc., et al., Case No. 2:16-cv-03623, in the U.S. District Court for the Eastern District of Pennsylvania.
UPDATE: February 2019, the Samsung washer class action settlement is now open. Click here to file a claim.
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