The named plaintiffs in a lawsuit against Kia Motors America, Inc. have asked the Court to grant class certification. Their proposed class action claims Kia knowingly sold and warranted 2020-2022 Telluride vehicles with a defect that predisposes the windshields to crack under normal driving conditions, requiring replacement of the entire windshield. According to the plaintiffs, tens of thousands of affected vehicles have already required such replacement, with Kia refusing to take responsibility for the repairs and denying warranty claims. The plaintiffs contend Kia began receiving complaints to the NHTSA regarding windshield failures by May 2019.
In support of their motion for class certification filed in late January 2023, the plaintiffs assert Kia’s glass supplier creates “unacceptably high levels of near edge tensile stress” in the glass. They further cite Plaintiffs’ glass expert’s assertion that “glass only cracks under tensile stress” and “the areas of the windshield that experience near edge tensile stress are more susceptible to cracking.” They claim that additional stress on a windshield manufactured with high tensile stress, such as being struck by debris, will increase the likelihood of the glass cracking.
The plaintiffs seek to certify certain classes comprised of the following:
- California Class: All persons who purchased or leased any 2020-2022 Kia Telluride vehicle in the State of California
- California Breach of Express Warranty Subclass: All persons who (1) purchased or leased any 2020-2022 Kia Telluride vehicle in the State of California; (2) requested a replacement windshield from a Kia dealershipduring the 60 months/60,000 miles “Basic Warranty Coverage” period set forth in Kia’s New Vehicle Limited Warranty; but (3) were not provided a non-defective replacement windshield during the warranty period and at no charge
- Iowa Class: All persons who purchased or leased any 2020-2022 Kia Telluride vehicle in the State of Iowa
- Iowa Breach of Express Warranty Subclass: All persons who (1) purchased or leased any 2020-2022 Kia Telluride vehicle in the State of Iowa; (2) requested a replacement windshield from a Kia dealership duringthe 60 months/60,000 miles “Basic Warranty Coverage” period set forth in Kia’s New Vehicle Limited Warranty; but (3) were not provided a non- defective replacement windshield during the warranty period and at no charge
- New York Class: All persons who purchased or leased any 2020-2022 Kia Telluride vehicle in the State of New York
- New York Breach of Express Warranty Subclass: All persons who (1) purchased or leased any 2020-2022 Kia Telluride vehicle in the State of New York; (2) requested a replacement windshield from a Kia dealershipduring the 60 months/60,000 miles “Basic Warranty Coverage” period set forth in Kia’s New Vehicle Limited Warranty; but (3) were not provided a non-defective replacement windshield during the warranty period and at no charge
- North Carolina Class: All persons who purchased or leased any 2020- 2022 Kia Telluride vehicle in the State of North Carolina
- North Carolina Breach of Express Warranty Subclass: All persons who (1) purchased or leased any 2020-2022 Kia Telluride vehicle in the State of North Carolina; (2) requested a replacement windshield from a Kia dealership during the 60 months/60,000 miles “Basic Warranty Coverage” period set forth in Kia’s New Vehicle Limited Warranty; but (3) were not provided a non-defective replacement windshield during thewarranty period and at no charge Plaintiffs have noticed the case for a hearing on the motion on June 16, 2023.
Plaintiffs requested a hearing on their motion for class certification on June 16, 2023.
The case is Yandery Sanchez, et al. v. Kia Motors America, Inc., case number 8:20-cv-01604, in the United States District Court for the Central District of California.
