Marie Rita Kennedy-Lebar and Chris Murphy, on behalf of themselves and all others similarly situated v. Volkswagen Group of America Inc.
Published: Nov. 23, 2013 | Result Date: Oct. 30, 2013 | Filing Date: Jan. 1, 1900 |Case number: 2:10-cv-05126-KM-MAH Settlement – $1,500,000
Court
USDC New Jersey
Attorneys
Plaintiff
Robert L. Starr
(Law Office of Robert L. Starr)
Gene F. Williams
(Gordon & Rees LLP)
Fletcher V. Trammell
(Trammell PC)
Payam Shahian
(Strategic Legal Practices APC)
Jonathan Shub
(Kohn, Swift & Graf PC)
Matthew T. Theriault
(Gordon & Rees LLP)
Defendant
Facts
Marie Rita Kennedy-Lebar, Chris Murphy, D. Alexander Davis, and Ludette Crisler filed related lawsuits in a class action against Volkswagen Group of America, in connection with Audi A4 and Volkswagen Touareg vehicles equipped with factory installed HID (High-Intensity Discharge) headlights. The vehicles involved were 2004, 2005 and 2006 Audi A4s, as well as 2004, 2005, 2006, and 2007 Volkswagen Touareg vehicles.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that the HID headlights would randomly flicker and shut off, and were expensive to repair. The different plaintiffs brought suit against Volkswagen based on various violations of state and federal consumer protection laws.
Kennedy-Lebar bought a 2005 Audi A4 in 2006, and paid additional for an HID Headlamp System. In 2009, the car's headlights began malfunctioning, and would require $800 to replace. Murphy bought a 2006 Audi, and claimed to have had had similar problems with its HID System. In 2005, Davis bought a 2005 Volkswagen Touraeg, with an optional HID Headlamp System. The day after he purchased the vehicle, he noticed that the headlamp was malfunctioning, but the dealer told him it would cost him several hundred dollars to determine the cause and fix it. Ludette Crisler purchased a 2005 Volkswagen Touraeg in 2005 and paid for the optional HID Headlamp System. A few months later, a traffic officer stopped her to inform her that her driver's side headlight was out. She took the vehicle to be fixed, and had to pay $370 for repairs.
DEFENDANT'S CONTENTIONS:
Defendants deny the claim that the HID headlights are defective and maintain that the headlights function properly.
Result
The parties settled. Volkswagen agreed to fully reimburse class members for the costs paid of repairing or replacing headlights for the vehicles affected by the settlement. The plaintiffs also received $1.5 million in attorney fees.
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