VW “Front Assist” Lawsuit Survives Dismissal
October 3, 2021
October 3, 2021
A September 30, 2021, order from a Missouri federal district court dismissed some, but not all, of a lawsuit alleging a defect in certain Volkswagen vehicles that may affect the brakes.
The lawsuit alleges a problem in the “Front Assist” feature in certain 2015-2019 Volkswagen vehicles. The Front Assist feature includes an emergency braking feature that increases braking pressure or automatically applies the brakes to help avoid or mitigate a collision. The plaintiffs contend a manufacturing defect, including defective software coding, causes that system to unexpectedly apply the brakes without reason.
The named plaintiffs raised claims including violation of consumer protection laws and breach of warranty. Volkswagen sought dismissal of the claims, arguing in part that the court lacked personal jurisdiction over Volkswagen for the claims alleged by non-Missouri plaintiffs. Volkswagen also contended the court lacked subject matter under certain federal claims. And, Volkswagen argued all the claims should be dismissed because the plaintiffs had not identified a defect or otherwise sufficiently pled their claims.
A United States District Judge granted some of Volkwagen’s motion to dismiss, such as its personal jurisdiction claims as to the claims raised by nonresident plaintiffs. However, the judge denied a number of Toyota’s challenges, thus allowing the case to proceed in part.
The case is Dack et al. v. Volkswagen Group of America ,et al., No. 4:20-cv-00615-BCW, in the United States District Court for the Western District of Missouri.