On December 5, 2018, plaintiffs Steve Miller, Rebecca McCormick, Darrell R. White, Karen Marshall, and Charlene Liddle (“Plaintiffs”) filed a motion to certify a proposed class in their action against Hyundai Motor America (“Hyundai” or “HMA”), alleging the auto manufacturer sold Sonata models with defective brakes.
The proposed class consists of all consumers who bought or leased a 2006 – 2010 Hyundai Sonata in New York and Pennsylvania. The defective brakes in the identified automobiles were prone to corrosion, causing other parts to stick, seize, and freeze. Plaintiffs expect that thousands of consumers were harmed because of the defect.
Plaintiffs originally brought the suit in 2015, accusing Hyundai of manufacturing the brake systems of the 2006 – 2010 Sonatas with subpar materials. Plaintiffs further allege that Hyundai intentionally misrepresented and breached its warranty in failing to pay for brake parts that were corroded, frozen, or seized.
Plaintiffs assert that the questions driving the litigation are common to the entire class and thus justify aggregation. The motion for certification explains that “commonality is met because there are core common question: Are the Sonata’s brake parts (i.e., calipers, rotors, spring clips and carriers) defective? Did HMA know of the defect? Was defendant required to disclose the alleged defect at the time of the sale or when class members went for warranty or remedial service? Was that undisclosed information material to a reasonable consumer acting reasonably?”
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