According to the lawsuit: "Mazda' conduct violates multiple state consumer protection statutes. On behalf of themselves and the proposed classes, plaintiffs seek to compel Mazda to warn drivers about the known defect and to bear the expense of replacing dashboards that Mazda should never have placed in the stream of commerce in the first place."
Filed in California federal court by lead plaintiffs Danielle Stedman, Jody Soto and Gary Soto, the lawsuit claims Mazda refuses to cover repair costs for the melting dashboards in their vehicles because their cars were no longer under warranty. However, the allege that had they known about the defect prior to purchasing their vehicles, they would not have bought those cars in the first place. The consumers say the automaker failed to properly inform them about the defect.
The plaintiffs claim Mazda knew or should have known when it sold the defective vehicles that the dashboards would deteriorate when exposed to sunlight and "predictably high"summertime temperatures, presenting unsafe condition for drivers.
Like all other automobile manufacturers, Mazda has known "for decades"that dashboard reflections can impair drivers' visions and make it difficult for them to see pedestrians or objects on the road, according to the suit. The information has been even been readily available through research published by the University of Michigan in 1996, the lawsuit states.
The complaint further claims that Mazda has had "extensive experience"working with the materials used in the dashboards and has personnel who specifically evaluate the durability of new vehicle parts, the company knew or should have known about the defect.
"Mazda thus had exclusive and superior knowledge of the dashboard defect and actively concealed the defect and corresponding danger from consumers who had no way to reasonably discover the problem before buying and driving their vehicles,"the complaint states.
The lawsuit seeks certification of a nationwide class of all people who owned or leased one of the defective vehicles, in addition to a separate Florida class of vehicle owners and lessors.
The plaintiffs are represented by Eric H. Gibbs, Dylan Hughes and Jennifer McIntosh of Girard Gibbs LLP, and Gregory F. Coleman, Adam Edwards and Lisa A. White of Greg Coleman Law PC.
The suit is Stedman et al v. Mazda Motor Corporation et al, case number 8:14-cv-01608, in the U.S. District Court for the Central District of California.