SANTA ANA, Calif. – Plaintiffs are celebrating an early victory in a lawsuit against Hyundai after an Orange County Superior Court judge ruled on June 12, 2009, that the case, which claims the carmaker knowingly sold Sonatas with defective sub-frames, can move forward.

Superior Court Judge Andrew J. Guilford found that plaintiff Nicholas Cirulli's California Legal Remedies Act claim has merit. In the lawsuit, Cirulli claims Hyundai failed to tell customers that the sub-frame on Sonatas lacked corrosion protection and caused premature decay. Cirulli also claims Hyundai had full knowledge of the defect and yet did nothing to warn customers.

The lawsuit seeks to represent Hyundai Sonata owners who purchased a vehicle anytime between 1999 and 2004. Today's ruling does not certify the outlined class.

"This is a great first step in our case," said Rob Carey, lead attorney from Hagens Berman Sobol Shapiro. "We know there are thousands of these vehicles on the road and Sonata owners should find out if they are affected. The corrosion problem is very serious and can lead to dangerous conditions if a car fails while in use."

The suit claims that the car's sub-frame lacks sufficient and effective drain holes that allow road materials and water to drain from the frame, causing premature corrosion. The lack of drain holes also prevents Hyundai from treating the sub-frame with anti-corrosion coating.

The sub-frame, which sits under the engine between the front wheels, serves as the sole steering support for the Sonata and anchors the front suspension.

Mr. Cirulli's sub-frame failed at 83,000 miles due to severe corrosion. As Cirulli approached a stop sign, he momentarily lost control of his vehicle, which he later discovered was caused by a front sub-frame failure.

In the ruling, the judge dismissed plaintiff's breach of warranty and other claims because plaintiff had not discovered the corrosion within the warranty period. The judge granted plaintiff leave to amend the complaint to add another plaintiff who did discover the defect within the warranty period.

HBSS asks that any Sonata owners, who've discovered the defect to contact the law firm. Owners can e-mail [email protected] or call (602) 840-5900 to discuss the case and potential remedies.

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About Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with offices in ten cities. The firm has been named to the National Law Journal’s Plaintiffs’ Hot List eight times. More about the law firm and its successes can be found at www.hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.

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