Plaintiffs in Honda Window Regulator Suit File Documents to Merge Case with New Complaint
May 29, 2012
by Katie O'Mara, email@example.com
The plaintiffs in a lawsuit regarding the failure of American Honda Motor Company’s window regulators to operate correctly in certain vehicles, have filed a motion for leave to amend. Phyllis Grodzitsky of California, and Jeremy Bordelon of Tennessee, have asked the court to allow them to amend their original complaint to include another case that is currently pending. The two plaintiffs had filed a class action lawsuit against Honda claiming that the window regulator in certain vehicles is defective and results in the sidelite falling into the door frame or becoming stuck in the fully-open position.
Mark David Olson, filed a class action complaint on April 10, 2012 against American Honda Motor Company covering the same vehicle models, model years and alleged window regulator defect included in the Grodzitsky and Bordelon case.
In the motion for leave to amend, Grodzitsky and Bordelon’s lawyers inform the court that, “Plaintiffs from both the Olson case and the instant case have agreed jointly to file a master complaint encompassing claims from both cases.”
The motion adds that the new complaint would include claims by two additional plaintiffs and “modified allegations intended to address arguments raised in the defendant’s motion to dismiss and motion to strike.”
The lawyers for the plantiffs claim that this would streamline litigation and prevent the court from having two class action suits that cover the same products.
At this time Honda has not consented to the filing of a master complaint.
Grodzitsky, owner of a Honda Odyssey, and Bordelon, owner of a Honda Element, alleged in the original complaint that they reported repeated failures of window regulators in their vehicles. Grodzitsky further claims that she contacted her local Honda service manager and was told, “all [Honda Odysseys] have that problem.”
“Honda knew of the window regulator defect, yet failed to disclose and concealed the defect from class members and the public and Honda continued to market and misrepresent the class vehicles as ‘reliable’ and ‘durable’ vehicles, which they are not,” read the original complaint.
The vehicle models in question include the Honda Odyssey, Pilot, Element, Accord, CR-V, Civic and Acura MDX between the years of 1994-2007.
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