Facts

Barry Jekowsky brought a class action lawsuit against BMW of North America LLC and Bayerische Motoren Werke AG related to wheels on select BMW Z4 vehicles.

PLAINTIFF'S CONTENTIONS:
Jekowsky claimed that he leased a 2011 BMW Z4 equipped with BMW V Spoke (Style 296) light alloy wheels. After driving the vehicle for less than 20,000 miles, one of the vehicle's rear wheels developed cracks. The wheel and tire needed to be replaced. Three months later, another wheel cracked, again necessitating replacement of the wheel and tire. Even though the vehicle was under warranty, BMW refused to pay for the repairs. Other Z4 owners and lessees across the country experienced similar wheel cracking. He alleged that BMW knew of the susceptibility of the wheels to cracking but did not disclose the defect to consumers. Jekowsky brought an action on behalf of himself and other owners and lessees similarly situated, alleging violations of the Magnuson-Moss Warranty Act, California's Unfair Competition Law, Business and Professions Code Section 17200, the Consumers Legal Remedies Act, and the Song-Beverly Consumer Warranty Act.

Result

The court preliminarily approved the class action settlement in which BMW agreed to pay eligible class members who owned or leased 2009 through 2012 model BMW Z4s for costs relating to repairs for the alloy wheels.

Other Information

FILING DATE: May 10, 2013.