Suit claims Hyundai failed to warn customers of known defects with Sonata sub-frames.
SANTA ANA, Calif., June 25, /PRNewswire/ -- Plaintiffs are celebrating an early victory in a lawsuit against Hyundai after an Orange County Superior Court judge ruled on June 12, 2009, that the case, which claims the carmaker knowingly sold Sonatas with defective sub-frames, can move forward.
Superior Court Judge Andrew J. Guilford found that plaintiff Nicholas Cirulli's California Legal Remedies Act claim has merit. In the lawsuit, Cirulli claims Hyundai failed to tell customers that the sub-frame on Sonatas lacked corrosion protection and caused premature decay. Cirulli also claims Hyundai had full knowledge of the defect and yet did nothing to warn customers.
The lawsuit seeks to represent Hyundai Sonata owners who purchased a vehicle anytime between 1999 and 2004. Today's ruling does not certify the outlined class.
"This is a great first step in our case," said Rob Carey, lead attorney from Hagens Berman Sobol Shapiro. "We know there are thousands of these vehicles on the road and Sonata owners should find out if they are affected. The corrosion problem is very serious and can lead to dangerous conditions if a car fails while in use."
The suit claims that the car's sub-frame lacks sufficient and effective drain holes that allow road materials and water to drain from the frame, causing premature corrosion. The lack of drain holes also prevents Hyundai from treating the sub-frame with anti-corrosion coating.
The sub-frame, which sits under the engine between the front wheels, serves as the sole steering support for the Sonata and anchors the front suspension.
Mr. Cirulli's sub-frame failed at 83,000 miles due to severe corrosion. As Cirulli approached a stop sign, he momentarily lost control of his vehicle, which he later discovered was caused by a front sub-frame failure.
In the ruling, the judge dismissed plaintiff's breach of warranty and other claims because plaintiff had not discovered the corrosion within the warranty period. The judge granted plaintiff leave to amend the complaint to add another plaintiff who did discover the defect within the warranty period.
HBSS asks that any Sonata owners, who've discovered the defect to contact the law firm. Owners can e-mail rob@hbsslaw.com or call (602) 840-5900 to discuss the case and potential remedies.
You can also view court documents and join this case at www.hbsslaw.com/hyundaisonata.
About Hagens Berman Sobol Shapiro
Hagens Berman Sobol Shapiro is based in Seattle with offices in Chicago, Boston, Los Angeles, Phoenix, San Francisco and New York. Since the firm's founding in 1993, it has developed a nationally recognized practice in class action and complex litigation. Among recent successes, HBSS has negotiated a pending $300 million settlement as lead counsel in the DRAM memory antitrust litigation; a $340 million recovery on behalf of Enron employees which is awaiting distribution; a $150 million settlement involving charges of illegally inflated charges for the drug Lupron, and served as co-counsel on the Visa/Mastercard litigation which resulted in a $3 billion settlement, the largest anti-trust settlement to date. HBSS also served as counsel in an $850 million settlement in the Washington Public Power Supply litigation and represented Washington and 12 other states in lawsuits against the tobacco industry that resulted in the largest settlement in the history of litigation. For a complete listing of HBSS cases, visit www.hbsslaw.com.
CONTACTS:
Rob Carey (602) 840-5900 Mark Firmani (206) 443-9357
Hagens Berman Sobol Shapiro Firmani + Associates, Inc.
Rob@hbsslaw.com Mark@firmani.com
Photo: http://www.newscom.com/cgi-bin/prnh/20080317/AQM144LOGO
AP Archive: http://photoarchive.ap.org
PRN Photo Desk, photodesk@prnewswire.com