Mercedes Owners Fight Motion to Dismiss Transmission Class Action

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Mercedes-Benz owners have asked a California federal judge to block the automaker’s efforts to dismiss a defective transmissions class action lawsuit.

Mercedes contends that they are not responsible for letting buyers know about defective transmissions since the vehicles were purchased used.

The consumers in the Mercedes class action lawsuit argue that the manufacturer had a responsibility to disclose these defects under Kansas and California consumer protection laws but failed to do so.

Mercedes, however, says that no contractual relationship or requirement exists since the consumers bought their cars used rather than new.

The plaintiffs responded to this latest development in the Mercedes class action by filing a counter summary judgment motion wanting the judge to make a decision in favor of liability claims. This would leave only the damage amount in question for trial.

According to the plaintiffs in the Mercedes class action lawsuit, there is clear proof that the makers of the vehicles knew about the defects and the safety hazards posed by it, but failed to even inform the original purchasers of the vehicles. The company is also accused of failing to publicize the defect.

The consumers in the Mercedes class action say that due to no effort on the part of the carmaker to notify people about the defect, there is no way they could have discovered it prior to purchase. In fact, the Mercedes owners say there were no clues until the vehicle transmission failed entirely.

The plaintiffs in the Mercedes class action say that not only were they exposed to the risk of an accident when the transmissions failed, but they also had no chance to make a decision about whether or not to purchase the vehicle at all or how much to pay for it with the defect in mind.

The defendants, however, argue that there is no way to prove that the original purchasers didn’t know about the issue or whether they told the buyers of the used cars about it.

The Mercedes-Benz owners, however, contend that this is an issue that should be decided by a jury at trial and is not appropriate for summary judgment as the defendants are requesting.

One of the plaintiffs in the Mercedes class action argues that when his 2006 Mercedes-Benz CLK 350 could not accelerate due to being locked in low gear that he had no idea about the possible transmission problems. That plaintiff says he paid more than $1,000 for reprogramming of the valve body and replacement of the transmission conductor plate.

The proposed Class in the Mercedes class action lawsuit are represented by Michael D. Braun of The Braun Law Group PC, Gary S. Graifman of Kantrowitz Goldhamer & Graifman PC, and Roy Arie Katriel of The Katriel Law Firm.

The Mercedes Defective Transmission Class Action Lawsuit is Terry Hamm, et al. v. Mercedes-Benz USA LLC, Case No. 5:16-cv-03370, in the U.S. District Court for the Northern District of California.