Honda Files Motion to Dismiss Over Sidelite Defect Suit
April 16, 2012
by Katie O'Mara, email@example.com
American Honda Motor Co., Inc., has filed a motion to dismiss the complaint in a recent sidelite defect lawsuit. Two consumers 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.
In Honda’s motion to dismiss, the automotive manufacturer points out that the plaintiffs’ warranties had expired at the time of failure and that one of the plaintiffs purchased the vehicle in a state other than California, thus making her ineligible to file a class action suit under the California Legal Remedies Act (CLRA). Honda also claims that the plaintiffs do not support their claims with factual evidence.
“Plaintiffs fail to identify any specific representations concerning a characteristic their vehicles do not have,’ reads Honda’s motion to dismiss. “They point only to vague and non-specific descriptions such as that the vehicles were ‘reliable,’ ‘rugged,’ ‘durable,’ and has ‘extended maintenance intervals.’”
Honda goes on to claim that a failed window regulator would not make the vehicle unsafe and that the National Highway Safety Administration, “has also rejected plaintiffs’ conclusory assertion that side windows compromise an integral part of the occupant protection system.”
“To argue that a side window regulator that may fail and leave the side window down for a short period of time before it can be repaired is no different than arguing that a side window that the occupant can roll down is defective because a rolled-down side window ‘compromise[s]’ the occupant protection system,” read the court documents.
Phyllis Grodzitsky of California, owner of a Honda Odyssey, and Jeremy Bordelon of Tennessee, owner of a Honda Element, alleged that they reported repeated failures of window regulators in their vehicles. Grodsitsky further claims that she contacted her local Honda service manager and claims she 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,” reads the 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.
A hearing is scheduled for May 14.
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