Honda’s Attorneys Respond to Second-Amended Complaint Over Alleged Window Regulator Defect

Honda has filed a motion in the U.S. Central District Court of California, western division, denying plaintiffs’ claims in a master class action complaint which alleges some of the automaker’s vehicles have defective window regulators. In the case, Grodzitsky versus American Honda Motor Co., the plaintiffs argue the window regular defect results in the sidelite falling into the door frame or becoming stuck in the fully-open position.

“Honda denies each and every allegation of the second-amended complaint,” Honda’s attorneys write in court documents.

The automaker’s attorneys also pointed out that the sales contracts which the defendants agreed to when they purchased their vehicles contain “arbitration clauses that may require some or all of the claims asserted [in the case] to be resolved through arbitration.”

Honda’s attorneys go on to claim the alleged window regulator defect could be the result of plaintiffs’ actions.

“The claims of plaintiffs and/or members of the proposed class may be barred, in whole or in part, to the extent any injury sustained by plaintiffs and/or members of the proposed class was caused by their own conduct, whether negligent or otherwise, including without limitation driving habits, the use of accessories in the vehicle, maintenance of the vehicle, usage of the vehicle and numerous other factors within the control of the plaintiffs and members of the proposed class,” Honda’s attorneys claim. “Further, plaintiffs and/or members of the proposed class who misused and/or abused the vehicle are barred, in whole or in part, from recovery.”

Honda’s attorneys asked the court to enter a judgment in favor of Honda for the costs of the lawsuit, to deny the class action and to award “further relief as the court deems just and proper.”

Attorneys concluded by demanding a trial by jury.

Earlier this year, Judge Stephen Wilson denied Honda’s motion to dismiss the class action lawsuit.

Phyllis Grodzitsky, a California owner of a Honda Odyssey, and Jeremy Bordelon a Tennessee owner of a Honda Element, alleged in the original complaint that they reported repeated failures of the window regulators in their vehicles. Grodzitsky further claims that she contacted her local Honda service manager and was told, “all [Honda Odysseys] have that problem.”

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