On August 22, 2017, the Honorable Judge C. Darnell Jones II, of the U.S. District Court for the Eastern District of Pennsylvania, denied the motion to dismiss of Defendant, Hyundai Motor America (“Defendant”) in a case related to an allegedly defective trunk opening mechanism.
Joshua Riaubia (“Plaintiff”), individually and for all others similarly situated, brought these claims under federal and state law to recover damages caused by the allegedly defective trunk opening feature. Some Hyundai models are equipped with a “Smart Trunk” feature, which Defendant claims is able to “automatically open the trunk fully, or at least wide enough for a person to deposit bulky items into the trunk.” However, Plaintiff claims that despite those representations, “the Smart Trunk is defective in that it will frequently fail to open more than a few inches.”
Defendant moved to dismiss the Complaint pursuant to Federal Rule 12(b)(6) on various grounds including lack of standing and failure to allege a defect. The Court, however, ruled that the Plaintiff did, in fact, have standing, and that the Plaintiff had sufficiently plead a wrongful act under the alleged warranty and consumer fraud laws. Therefore, the Court denied Defendant’s motion to dismiss in all respects.
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