Court Nixes Porsche’s Motion to Dismiss Class Action

Fotolia_43231762_Subscription_Monthly_MA U.S. District Court judge has denied Porsche’s motion dismiss a class action complaint brought by two owners who allege a “windshield glare” visibility issue.

Porsche owners Roy Jones and Alyce Rubinfeld allege a “serious safety defect—bright light reflecting from the unusual, beige-colored dashboards can momentarily blind drivers, almost opaque the windshield, and thereby severely impair the driver’s ability to see the road.” They contend Porsche knew of the issue since 2011 and have filed a state class action lawsuit in the U.S. District Court for the Central District of California.

“In the opening paragraph of its motion to dismiss plaintiffs’ first amended complaint, Porsche attempts to minimize the windshield glare, arguing it constitutes nothing more than reflections or ‘transparent images’ and arguing that plaintiffs seek to hold Porsche ‘somehow responsible for the quality and intensity of sunlight that reflects from the dashboards that they chose …,’” reads the court documents.

Porsche attorneys contend the alleged issue is “open and obvious to consumers from their first encounter with a car,” according to court documents.

The owners contend that they were not aware of the alleged issue before purchasing the vehicles, alleging it “only manifests under certain conditions, for example, when the sun is at a certain angle relative to the dashboard and windshield.”

After hearing arguments from both sides, the judge ruled: “Defendant’s motion is denied.”

To read Porsche’s motion to dismiss, click here.

To read the plaintiffs response, click here.

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