Honda has filed a response to an amended class action complaint, which alleges some of the automaker's vehicles have defective window regulators. In the case, Grodzitsky versus American Honda Motor Co., the plaintiffs argue the window regulator defect results in the sidelite falling into the door frame or becoming stuck in the fully-open position.
Honda also terminated its motion to dismiss the second-amended class it had filed in the U.S. Central District Court of California.
Phyllis Grodzitsky, owner of a Honda Odyssey, and Jeremy Bordelon of Tennessee, owner of a Honda Element, alleged in the original complaint that they reported repeated failures of window regulators in their vehicles. Grodzitsky further claims that she contacted her local Honda service manager and was told, "all [Honda Odysseys] have that problem."
In its response to the amended complaint, the automaker's attorneys write, "Honda expressly denies that 'all Honda Odysseys have that problem."
Honda's attorneys deny most of the allegations, writing in court documents, "Honda denies that class certification is appropriate and expressly denies that any claims in this action are appropriate for class treatment. … Honda admits that within some, but not all, vehicles that are part of plaintiffs' putative class definition, side windows are moved up and down by a window regulator that operates with a central track, a shuttle and a cable, attached to a motor. Honda denies that all 'class vehicles' have a 'cable-style' window regulator assembly.
Honda demands a jury trial, as well as court costs.
Attorneys also ask, "That the proposed certification of any class herein be denied."
