Court proceedings against Volvo don’t look to be slowing down. The Swedish carmaker is involved in a case that was originally filed in 2010 by Joanne Neale. It alleged defective sunroofs from Volvo that caused water leaks in certain models. A new deposition has been filed last week in Florida by Kelly McGary.
The vehicles affected by the alleged Volvo sunroof defect in the class action lawsuit include:
- V70 (model years 2004 to 2011);
- XC90 (model years 2003 to 2011); and
- V50 (model years 2005 to 2011).
All of the models previously listed came with a factory installed sunroof, making it original equipment.
The new deposition is in favor of the defendant (Volvo) and is not the first deposition made by McGary for this case. Within the document McGary is questioned about her Volvo XC90. She claims that she has not experienced any issues with its sunroof even after leaving her vehicle parked outside, exposing it to various weather conditions.
When questioned about ever noticing any leaks herself, by her mechanic or by her staff members who also drive the vehicle, she answered no.
“It’s been parked exclusively outside, so it’s been subject to any weather conditions that have occurred,” McGary said in a court document.
Plaintiffs want a federal judge to certify their proposed class in a new motion. They claim Volvo sold the defective sunroofs that led to interior damage to its vehicles. According to court documents, some Volvo owners noticed excess water inside of their vehicles after their limited warranty period was up.
“This defect inevitably causes the sound plugs to become clogged with dirt and other debris, causing water to be diverted directly to the interior of the vehicles, rather than the exterior. The water intrusion causes damage to the passenger compartments, floor pans, carpets, and electrical components,” a section from court documents read.
After several motions to certify their proposed class in the class action lawsuit were rejected by the court, the judge gave guidance to the plaintiffs to aid them in adjusting their proposed class. There is now a narrower scope that must be followed.
Some of the changes can be seen with a defined class period and class members now being defined as those who leased or purchased their Volvos from authorized dealerships, therefore eliminating current lessees from the class action lawsuit.