Judge Dismisses All But One Claim in Alleged Sunroof Defect Case

gavel 2A judge has granted summary judgment to BMW in a sunroof defect lawsuit on all claims with the exception of one. The class action lawsuit was brought by two plaintiffs who allege their vehicles suffered water damage after the drainage tubes installed to pull water away from the sunroofs did not work properly.

The plaintiffs in the case are two BMW owners, Monita Sharma and Eric Anderson. The judge in the U.S. District Court for the Northern District of California granted a motion for summary judgment to BMW on all of Sharma’s claims. The claim that remains is by Anderson and covers one electrical component—the RDC module. This is the vehicle’s tire pressure monitor and is located in the spare tire well.

“This is a class action lawsuit brought on behalf of individuals [California residents who have owned or leased any BMW X5 series vehicles, X3 series vehicles and 5 series vehicles] … that were manufactured between 1999 and 2008. The plaintiffs allege that the class vehicles were manufactured with a serious safety defect that may cause the vehicles to lose power while driving, rendering them unmerchantable,” plaintiffs’ attorneys allege in the third-amended complaint.

Driving on significantly under-inflated tires could cause an unreasonable safety hazard, according to the judge.

The class action lawsuit is now moving forward on the claim covering the RDC module.

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