You might assume that when you hear about class action lawsuits against automakers, the process to see it through to a verdict can take years. In the case of Volvo, one annoying problem keeps resurfacing in the courts going on 10 years now. And it’s a case the automaker is still fighting, despite the decade’s long problem.
Volvo owners are seeking a class-action lawsuit for one specific technical problem that is more annoying than it is dangerous. And the list of models represented in this plaintiff roster is pretty hefty. If you own one of these Volvo models, you might also be experiencing this hassle of a problem that qualifies you to join in the lawsuit.
A Volvo issue that goes way back
The original lawsuit against Volvo was filed 10 years ago, according to Car Complaints. But it’s not going away, and plaintiffs are still seeking relief. Any Volvo owner who purchased or leased one of the listed models between April 2004 and December 2015 may be able to join in the fight.
Additional requirements include claiming residence in California, Massachusetts, New Jersey, or Florida and having bought or lease from those state-specific dealerships. And it’s all about a leaky sunroof.
The class-action lawsuit against Volvo involves a series of problematic and leaky sunroofs. Sure, it’s not a life-threatening or potentially dangerous malfunction. But a slow drip overhead that sometimes turns into a steady flow can easily ruin interiors, electronics and cause mold.
What the class action lawsuit is looking to achieve
According to the lawsuit, the plaintiffs claim the sunroofs themselves are defective, as the drainage tubes and holes become clogged with debris prematurely. It’s a design flaw they say that is responsible for the moisture intrusion problem.
In many instances, Volvo owners dropped hundreds of dollars to initiate repairs. Adding insult to injury, none of these issues were covered under their existing warranties. The original suit filed represented specific Volvo owners nationwide. But now, those residing in the four states mentioned above are carrying the torch.
Volvo’s argument and response
Volvo may be feeling like the postman and that teacup ankle-biter who won’t let go of the pant leg. The automaker is pushing back and argues these plaintiffs have filed five motions already since 2012. And Volvo says the plaintiffs keep changing their description of customer classes represented.
The automaker is also arguing that at this point, fewer than 0.5 percent of their models are affected, and it’s practically impossible to prove the necessary expenses with vehicles so old. Some of the oldest vehicles in the suit are nearly 17 years old.
Do you own one of these Volvo models?
Top Class Actions lays out the list of affected Volvo models. If you own one of these, live in one of those four states, and have a leaky sunroof, you may be able to join in the suit. The alleged defects are associated with these models that feature factory-installed sunroofs: the S40, S60, S80, and V70 between 2004 and 2011; the 2003 through 2011 XC90; and the 2005 through 2011 V50.
The lawsuit is Joanne Neale et al. v. Volvo Cars of North America LLC, et al., and is case number 2:10-cv-04407. It has been filed in the U.S. District Court of New Jersey. The plaintiffs in this leaky sunroof battle are represented by Chimicles & Tikellis LLP and Mazie Slater Katz & Freeman LLC. For more information about this class-action lawsuit or how to qualify your sunroof expenses, you can reach out to the firm, although we also found an online submission form via Mendelsohn Class Action & Mass Tort Lawyers as well.