Lucia Luong has filed an amended complaint against Subaru of America Inc. (SOA) in the Northern District of California to include an additional plaintiff, both claiming the windshields of 2015 through 2016 Subaru Outback and Legacy vehicles “contain one or more design and/or manufacturing defects that cause the windshield to crack, chip and/or fracture.”
California resident Brian Mann has requested to join Luong in the class-action lawsuit regarding the alleged spontaneous windshield breakage.
Mann purchased a new Subaru Outback from a San Jose, Calif., Subaru dealership in April 2016. In February of 2017, Mann noticed a small crack on his windshield emanating from the lower right passenger side while driving. According to the plaintiff, he didn’t see anything hit the windshield.
“Within ten minutes of driving a foot-long crack had formed; within 24 hours the crack grew to approximately two feet,” the documents states.
Mann says he took his Outback to the dealership where he purchased the vehicle for a repair but was denied warranty coverage. According to the plaintiff, he had to pay $500 out-of-pocket to have his windshield replaced, despite his vehicle still being in within the company’s New Vehicle Limited Warranty of three years or 36,000 miles.
Mann is represented by Luong’s attorney, Mark Greenstone.
In August, SOA motioned to have the case dismissed or strike certain allegations made against them, stating the court does not have general personal jurisdiction over them. Attorneys for the company also argued that Luong’s claims that SOA didn’t tell consumers about the alleged windshield defect, are untrue. According to the company, they not only disclosed the information but also provided a remedy.
A pre-trial motion hearing was held on September 12, but no update has been released as of press time.