Volvo Drivers Seek Cert. in Sunroof Leak Class Action Lawsuit

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The plaintiffs in a class action lawsuit alleging certain Volvos have defective sunroofs are urging a federal judge to certify their proposed class in a new motion.

The Volvo sunroof leak class action lawsuit, filed in 2010, alleged that the Swedish carmaker sold defective sunroof drainage systems that ultimately leads to damage to the interior of the vehicle. The plaintiffs say that the defect caused them to discover soaking wet floor mats, but that the issue didn’t become apparent until after the vehicle’s limited warranty period.

In 2013, the Volvo drivers successfully argued for certification of six classes of consumers.

“The previously-certified classes in this case against [Volvo] consist of consumers who purchased or leased six Volvo vehicle models with a uniform defect in their sunroof drainage systems stemming from defective ‘sound plugs’ located at the end of the sunroof drainage tubes,” note the plaintiffs in their current motion in the Volvo sunroof leak class action lawsuit.

The previous order approving the Class was vacated by the Third Circuit Court of Appeals in 2015.

The Volvo drivers again attempted to certify their proposed Class in the class action lawsuit, but that motion was rejected. The judge did provide a roadmap to the plaintiffs and allowed them to rework their proposed Class.

“Plaintiffs now move for class certification with the benefit of the roadmap set forth by the Court in its December 6th Opinion,” the plaintiffs’ motion states.

In the newly submitted motion for approval of the proposed Class in the Volvo sunroof leak class action lawsuit, the plaintiffs narrowed the scope. First, the class period was defined to ensure that class action claims don’t trickle in indefinitely.

Further, entities were removed from the definition of the Class Members in the class action lawsuit. The Volvo drivers noted in their motion that this was done to come into compliance with state consumer protection laws.

In addition to removing entities, Class Members are also now proposed to be those who purchased or leased their Volvos from authorized dealerships. The plaintiffs also say current lessees will not be included in the class action lawsuit.

Volvo Sunroof Leak Class Action Lawsuit

The Volvo sunroof leak class action lawsuit alleges that the defect ends up causing damage to the interior of affected vehicles.

“This defect inevitably causes the sound plugs to become clogged with dirt and other debris, causing water to be diverted directly to the interior of the vehicles, rather than the exterior. The water intrusion causes damage to the passenger compartments, floorpans, carpets, and electrical components (including safety-related electrical sensors),” state the plaintiffs in their motion.

The vehicles affected by the sunroof defect alleged in the class action lawsuit include  the following models that came with a factory installed (OEM) sunroof: S40, S60, S80, V70 (model years 2004 to 2011); XC90 (model years 2003 to 2011); and V50 (model years 2005 to 2011).”

The plaintiffs are represented by Chimicles & Tikellis LLP and Mazie Slater Katz & Freeman LLC.

The Volvo Sunroof Leak Class Action Lawsuit case is Joanne Neale, et al. v. Volvo Cars of North America LLC, et al., Case No. 2:10-cv-04407, in the U.S. District Court for the District of New Jersey.