Volkswagen Owners Say Shattering Sunroof Class Action Should Continue

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In the face of a motion to dismiss a Volkswagen shattering sunroof class action lawsuit, consumers point to a history of recalls, complaints and federal investigations into the issue.

Lead plaintiffs Rosaura Deras, Alexander Santiago and Maria Elena Santiago alleged in the Volkswagen shattering sunroof class action lawsuit that drivers are put at risk by sunroofs that shatter without warning.

A variety of Volkswagen models from 2005-2017 are allegedly affected by the defective sunroof including 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 car maker urged a federal judge to dismiss the Volkswagen sunroof class action lawsuit and, in May of this year, U.S. District Court Judge Jon S. Tigar dismissed all but the implied breach of warranty claims.

However, the plaintiffs were allowed to amend their VW class action to bolster claims of fraud and violation of consumer protection laws.

In their latest effort to preserve the Volkswagen shattering sunroof class action lawsuit, the plaintiffs point out that a significant number of complaints over the alleged defect have been made to the National Highway Traffic Safety Administration (NHTSA).

“The 57 NHTSA complaints in fact represent an unusually high number of complaints since most consumers are not even aware of NHTSA, and instead complain directly to Volkswagen’s corporate office,” argue the plaintiffs in support of the VW shattering sunroof class action lawsuit. “Thus, the NHTSA complaints represent a fraction of the actual complaints made, establishing that an unusually high number of complaints were made.”

While the plaintiffs acknowledge that 57 complaints in the context of thousands of car owners may not seem significant, it is in this case. Further, the plaintiffs argue that the car makers’ alleged knowledge of such complaints support their claims in the Volkswagen class action lawsuit.

In addition, the VW car owners point out that Volkswagen issued a recall in 2013 after the NHTSA investigated the car maker for shattering sunroofs.

“Volkswagen argues that the allegations relating to its knowledge of previous recalls are conclusory, and insufficient to establish its knowledge of the defect. This argument is predicated on willful blindness to the nature of plaintiffs’ allegations,” contend the plaintiffs in their motion supporting the Volkswagen sunroof class action lawsuit.

The VW shattering sunroof class action lawsuit must survive the motion to dismiss, argue the plaintiffs, because they have established that there is a defect and the car maker was and is aware of the defect, but failed to warn consumers.

The Volkswagen car owners are represented by Robert L. Starr, Adam Rose and Matthew A. Giovannucci of The Law Office of Robert L. Starr APC and Stephen M. Harris of The Law Offices of Stephen M. Harris APC.

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.

UPDATE: On Feb. 26, 2019, 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.