A federal judge in Fort Smith, Ark., has dismissed a class action lawsuit alleging that 2003-2007 Volkswagen New Beetles have a transmission defect that causes difficult and unpredictable shifting during normal driving.
White et al. v. Volkswagen Group of America Inc., No. 2:11-CV-2243, 2013 WL 685298 (W.D. Ark., Fort Smith Div. Feb. 25, 2013).
White, along with Jennifer LaChance and Isabel Hodgson, claimed in their amended class-action complaint that the problem eventually requires costly transmission repairs or replacement. They also said VW was aware of the defect when the cars were manufactured and sold.
VW offered two warranties on New Beetles: a limited new vehicle warranty covering four years or 50,000 miles, and a limited powertrain warranty of five years or 60,000 miles.
In November 2010 Volkswagen alerted customers about the defect and offered to extend warranty coverage for the valve body in the transmission system to seven years or 100,000 miles.
The offer did not cover transmission replacement but only “diagnosis and repair of the transmission valve body,” according to Judge Holmes' opinion.
The plaintiffs, however, said valve body defects damaged the entire system, forcing them to replace their transmissions at a cost of several thousand dollars.
Their suit on behalf of themselves and a nationwide class sought damages for breach of express warranty and unjust enrichment. Westlaw Automotive.
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1 comment:
What the hell, is this country going down?? This is such an obvious abuse and no big time lawyer wants to go after VW???? There are thousands dealing with this transmission problems of the New Beetle and others as well? i HAVE AN 04' AND IT'S A PIECE OF SHIT! WTF??
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