Cert. Denied in Hyundai Power Steering Defect Class Action Lawsuit

Certification of a proposed Class in a lawsuit alleging specific Hyundai models have defective steering mechanisms has been denied.

Lead plaintiffs, Houston Vinci and Jaehan Ku, alleged in their potential class action lawsuit that Hyundai 2013 to 2016 Accents and Elantras have defective steering mechanisms that can cause the power steering to fail suddenly. The plaintiffs proposed Class included Accent and Elantra owners and lessees nationwide.

U.S. District Court Judge David O. Carter refused to certify the Class, however, finding that the state laws vary too much for the plaintiffs to represent the Class.

“Because of the material differences in state laws, states’ interests in applying their own laws, and states’ impaired ability to protect consumers within their borders if California law were to apply, plaintiffs’ nationwide claims are not warranted, and each plaintiff’s individual claims must be governed by the laws of their home state,” stated the order. “Thus, named plaintiffs’ claims are governed by the laws of Oregon.”

The judge further dismissed other Hyundai class action lawsuit claims based on the same reasoning. Allegations under California consumer protection laws were dismissed because the plaintiffs are Oregon drivers who also purchased their cars in that state.

Judge Carter pointed out that a number of state laws vary with respect to the statute of limitations, remedies available, and other factors.

“Accordingly, Defendant has met its burden to show material differences in the consumer protection laws, warranty laws, unjust enrichment laws, and fraudulent concealment laws between California and the other forty-nine states,” said the judge.

Class action lawsuit claims that Hyundai breached express and implied warrantees, fraudulent concealment, and unjust enrichment were also dismissed. The judge pointed out that the plaintiffs failed to make these claims under any state law.

One of the class action lawsuit allegations accusing Hyundai of violating an Oregon consumer protection law survived the motion to dismiss. Additionally, the judge allowed the plaintiffs the opportunity to amend parts of their complaint regarding the claims that were not based in state law; however, the plaintiffs’ claims based on the nationwide proposed Class were dismissed with prejudice.

The Hyundai class action lawsuit alleges that both of the plaintiffs were in accidents when the steering mechanisms in the vehicles locked up. The plaintiffs claim that the problems were caused by a defect that affected 2013 through 2016 Hyundai Elantra and Accent models.

This is not the first issue Hyundai has had with allegations of problems with its steering mechanisms. According to the class action lawsuit, 2011 Sonatas had the same problem and Hyundai recalled to vehicles in 2016.

Vinci and Ku are represented by Benjamin Heikali of Faruqi & Faruqi LLP, Bonner Walsh of Walsh PLLC, Adam Gonnelli of The Sultzer Law Group PC and Laura R. Reznick of Leeds Brown Law PC.

The Hyundai Power Steering Defect Class Action Lawsuit is Houston Vinci and Jaehan Ku v. Hyundai Motor America, Case No. 8:17-cv-00997, in the U.S. District Court for the Central District of California.