Mercedes Owners in Transmission Class Action Says Company Admitted Defect

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The plaintiffs in a Mercedes class action over an alleged transmission defect contend in a new motion that the car company admitted the problem when it fixed vehicles under warranty.

Lead plaintiffs, Terry Hamm and Bryce Meeker, claimed in their class action lawsuit that the 722.9 transmission found in certain Mercedes vehicles is defective.

The California and Kansas residents point out in a motion urging a federal court to rule in their favor that at least 1,000 warranty claims have been made over the alleged defect.

According to the plaintiffs, Mercedes’ warranties say the company will only replace defective parts.

“According to MBUSA’s own warranty terms, these repairs are an acknowledgment of a defect — the warranty obligation not being triggered until and unless such a defect is acknowledged,” contend the plaintiffs in their Mercedes class action lawsuit motion.

In their argument for partial summary judgment, the plaintiffs say that Mercedes would not have had to fix the transmissions if they were not defective.

“Needless to say, the fashioning of a ‘repair kit’ is itself an admission of a defect, for there would be nothing ‘to repair’ unless there were a defective part in the first place,” the Mercedes transmission class action motion states.

The Mercedes transmission defect class action lawsuit was filed in 2016 after the two plaintiffs allegedly suffered problems with their cars soon after purchase.

Hamm of California claims that the check engine light came on and he could not accelerate his 2006 Mercedes-Benz CLK 350 after the transmission locked up. He says that the situation presented a safety concern and he spent more than $1,000 to repair the problem.

The other Mercedes class action plaintiff, Bryce Meeker of Kansas, alleges that the transmission in his 2007 Mercedes-Benz C230 failed soon after purchase and he was forced to pay nearly $1,500 to fix it.

“The defect manifests without warning by leaving the vehicle locked in low gear and unable to accelerate into higher gears—a clear safety concern,” allege the plaintiffs in their Mercedes defect class action motion.

According to the Mercedes transmission defect class action lawsuit, the luxury car maker knew or should have known of the defect but failed to warn consumers.

The Mercedes transmission defect class action lawsuit seeks to represent California and Kansas owners and lessees whose vehicles come with the 722.9 transmission.

If the class action plaintiffs are successful in convincing the court that Mercedes admitted to the transmission defect by honoring warranties, then the only issue remaining would be the damages to be awarded to Class Members.

“Both plaintiffs are now entitled to partial summary judgment as to liability because the record shows an absence of dispute as to the material facts underlying each of these plaintiffs’ claims,” contends the plaintiffs’ Mercedes class action motion.

Hamm and Meeker 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 Transmission Defect 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.

UPDATE: On Nov. 2, 2018, Mercedes-Benz owners asked a California federal judge to block the automaker’s efforts to dismiss a defective transmissions class action lawsuit.