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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.
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31 thoughts onMercedes Owners in Transmission Class Action Says Company Admitted Defect
I have had problems with my transmission since I had my 2005 C240 4Matic . They keep saying it may be the catalytic converter. They reset it and then it happens a few months later. In addition, my air bag keep disabling by itself which is very dangerous. I have to take it to the dealer to have it reset.
I would like to get in on this lawsuit. I have a 2007 CLS550 with only 135k miles and the transmission needs work. 6,000 dollars worth. The car is serviced regularly. I have never experienced such a tragic dysfunction with any car with this mileage. Please help! I want to be apart…
I am having the same problem as well. The dealer stated $6000.
I have owned a 2009 B200 Turbo since 2012, and had to rebuild the original transmission at 84,000 kms, and it worked well until 278,000kms, and it is again shut down with the exact same problem. I had just spent $5500 on the engine, brakes, coil springs, alignment etc, just to have the tranny die again. This is a common problem with this entry level MB, and it made me certain never to buy another MB. The repairs on this car have been more than twice the total cost of maintaining my 1999 Ford F150 over the entire 20 years I’ve owned it. .
Have had to replace major parts of the transmission two times in my late 2006 MB E 350. Would love to be involved in a class action regarding this. I have kept all receipts on this vehicle from the time it was purchased at 40k miles until it was eventually traded in at 206K miles.
hello
how do i file or be included in a class action suit..my 2006 E350
My landlord has a 2006 c55 AMG. He experienced the same exact problems described and last week his cars engine caught fire while parked at the house. Can someone contact him regarding this lawsuit if he is included?
In bought a 2007 slk280 and having the same problem as described by the other owners. I am from Louisiana and would like to join this suit.
I have a 2011 E550 Coupe – the transmission failed and the mechanic determined that radiator fluid had somehow mixed with the transmission fluid resulting in additional damage to the torque converter AND Valve body – worse yet, the car only had 56K miles! total repair cost exceeded $8900! MB needs to acknowledge and compensate owners for this costly defect.
I had to replace the transmission in my Mercedes 2007 E350 just over4 1/2 years ago and now it’s slipping again and the warranty on the next transmission expired Feb 2018. I had taken the car to the dealership service department several times advising of the problem but they could never find anything. I think they purposely couldn’t find anything to keep from having to replace it with a new transmission. I am in Alabama, am i eligible for this class action lawsuit?
My Mercedes 2007 S550 4-Matic is going to need an entire new transmission at 78k mile. I purchased it in 2008 with 28k miles on it and over 11 years have only put on 50k miles while maintaining it regularly and keeping it in perfect condition. This should not happen especially in a car that yours superior engineering. MB USA would not give me goodwill coverage. The local dealership took the $8,000 repair cost down to $5500. So I am forced to pay this or scrap the vehicle. Hopefully a class action suit that wins will allow me to be reimbursed after the fact. Can you get me involved. I’m a MN resident.
I have the same issue with my SLK280. Can Ohio residents join the class action?