- December 16, 2013
- by Milton Stratos
- Comments Off on PRODUCT LIABILITY CLAIM AGAINST BMW SURVIVES MOTION TO DISMISS
- posted in Judgments, Personal Injury, Products Defect, Torts
Product Liability Suit against BMW Moves Forward
Jekowksy v. BMW of North America, LLC
Case No. 13-cv-02158, US District Court for the Northern District of California
December 13, 2013, U.S. District Judge Jeffrey S. White denied BMW’s motion to dismiss the plaintiff’s case, a proposed class action product defect suit. The motion was supported by BMW’s position that the Plaintiff failed to properly plead breach of warranty claims under a California Consumer Warranty Act, an Act commonly referred to as California Lemon Law.
As a proposed class action, the claim is filed on behalf of all current and former owners and lessees of 2007-2012 BMW Z4 with the alleged alloy wheels. The complaint alleges the wheels are susceptible to failure, or specifically cracking, thereby making them unfit for their intended use by consumers. The complaint further alleges that BMW knowingly and purposefully failed to disclose the unreasonably short lifespan of the wheels, and further that BMW knowingly excluded the wheels from warranty coverage, and continued to install them on the above-captioned model.
Please note this case is filed in California Federal Court. As such, the result or future results may not have influence on courts in South Carolina. Please feel free to contact us with any questions you may have regarding content of this article.
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