This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Product Liability
Air Bags

Joanne Anderson, Terri Hill, Jerome Jeffries v. Hyundai Motor Co. Ltd., Hyundai Motor America

Published: Aug. 16, 2014 | Result Date: Jul. 24, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 8:13-cv-01842-DMG-RNB Bench Decision –  Dismissal

Court

USDC Central


Attorneys

Plaintiff

Sean Matt

Ari Casper

Elaine T. Byszewski

Steve W. Berman
(Hagens, Berman, Sobol & Shapiro LLP)


Defendant

Ekwan E. Rhow
(Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C.)

Karis Chi


Facts

Joanne Anderson, Terri Hill and Jerome Jeffries sued Hyundai Motor Co. Ltd., Hyundai Motor America, concerning the Hyundai Tiburon.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that they each purchased a Tiburon based, in part, on Hyundai's representations regarding the safety and effectiveness of its side air bags. However, plaintiffs contended that the placement of the side impact sensor actually resulted in a "weak signal" which, in turn, greatly reduced the likelihood of deployment or timely deployment of the side air bags. Plaintiffs asserted causes of action for violation of California's Consumer Legal Remedies Act, violation of California's Unfair Competition Law, breach of implied warranty of habitability, and fraudulent concealment. Plaintiffs contended that they suffered an economic loss from purchasing their respective Tiburons, which Hyundai marketed as safe, but were, in fact, unreasonably unsafe.

DEFENDANT'S CONTENTIONS:
Defendants moved to dismiss the complaint for failure to state a claim. Defendants alleged that plaintiffs lacked standing to bring the lawsuit because none of them have suffered an injury.

Result

The court granted defendant's motion to dismiss because plaintiffs failed to demonstrate that they had standing to assert their claims.


#99488

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390