Hyundai has asked the U.S. District Court of California to dismiss a class action lawsuit brought by vehicles owners who say the automaker’s panoramic sunroofs “spontaneously shatter.”
Alabama resident Billy Glenn filed the class action lawsuit against Hyundai and three others are listed as plaintiffs. The case covers New Hampshire, Texas and Washington, as well as Alabama.
Glenn purchased a new 2014 Hyundai Santa Fe Sport in September 2014 with a panoramic sunroof. In February 2015, when the vehicle had about 10,000 miles, Glenn was driving with his wife and daughter when the panoramic sunroof shattered, showering everyone inside the vehicle with glass, according to the court documents. Neither the dealership nor Hyundai would cover the costs of repair. Glenn filed a claim with his insurance company.
Glenn alleges that less than one month after this incident, on March 4, 2015, the newly replaced panoramic sunroof also spontaneously shattered. Glenn filed another insurance claim, and had to pay another $100 deductible for the repair and replacement of his vehicle’s sunroof, according to the court documents.
He has asked the judge to certify the class action to cover owners and lessees of these vehicles:
- 2013-2016 model year Hyundai Santa Fe Sport;
- 2013-2016 model year Hyundai Santa Fe;
- 2013-2016 model year Hyundai Elantra GT;
- 2011-2016 model year Hyundai Sonata;
- 2011-2016 model year Hyundai Tucson; and
- 2011-2016 model year Hyundai Veloster.
Hyundai’s attorneys argue the case should be dismissed.
The automaker also asks the court to dismiss or strike plaintiffs’ request for an injunction forcing a recall of the class vehicles
“[S]uch relief should be subject to the primary jurisdiction of the National Highway Traffic Safety Administration’s (NHTSA) investigation regarding panoramic sunroofs and is preempted by NHTSA’s authority to order and administer recalls under the Safety Act,” according to the court document.
The judge has not yet issued a decision in the case.
To read the amended complaint, click here.
To read Hyundai’s motion to dismiss, click here.