Krzysztof Ziarno has voluntarily dismissed a class action lawsuit he filed in April of this year against Volkswagen Group of America (VW). Ziarno was suing the auto manufacturer after alleging the company “knowingly sold models with defective sunroofs” that leaked and caused interior damage. According to his motion to dismiss, VW never responded to the plaintiff’s complaint or any allegations made against the company.
The complaint claimed VW was in breach of express and implied warranty, violated the Magnuson-Moss Warranty Act, breached of New Jersey Consumer Fraud Act and Unjust Enrichment, and sought unspecified damages. Ziarno also alleged VW’s sunroofs “leaked and damaged everything from the upholstery to the audio systems, to the vehicle’s front and rear sensors, causing some vehicles to slam on the brakes even at highway speeds.”
The class vehicles included: 2016 and later Audi A1 Mk2, A3 Mk3, TT Mk3, Q2, and Q3, as well as Arteon, Atlas/Teramont, Golf, Jetta, Passat, Polo, Tiguan, and Touran vehicles.
According to the complaint, Volkswagen sells its vehicles with six-year, 72,000-mile warranties and states it will repair or correct any defects. Ziarno alleged the company failed to correct the sunroof defect. According to the complaint, VW issued internal technical service bulletins instructing dealers on how to address the defective sunroofs, which Ziarno claimed showed it was aware of the alleged sunroof defect as early as 2016.
According to Ziarno’s complaint, he purchased a 2016 Golf with a sunroof in August 2016 and experienced leaks. In October 2019 he found a large amount of water in his car following a rainstorm despite the sunroof and all windows being closed. When he brought the car in for repairs, he claimed he was told the problem was a clogged drain. Ziarno said the leaks continued at least three additional times and VW refused to acknowledge the defect.