A proposed class action filed in January by David and Jacquelyn Obergfell alleged that a glitch exists in Volvo’s rear-view cameras for car models produced since at least 2014. The lawsuit claims that Volvo knowingly sold cars containing cameras that would freeze or show no image at all.
The issue before U.S. District Judge Kevin McNulty concerned whether the complaint’s references to “Volvo’s knowledge” of the defect refer to Volvo Cars of North America LLC or the dealer that sold the vehicle. Also being disputed was whether the company had “general knowledge” of the allegedly defective cameras or was notified specifically of the potential problems.
The Court noted that the Obergfells were required to notify the “seller” of the defect before making their breach of warranty claim, but it was unclear whether the term “seller” refers to the local dealership or Volvo Cars North America.
Without making a final determination, the Judge decided that more investigation and development of the facts was required. The Obergfells are represented by Williams Cuker Berezofsky, LLC. The case is David Obergfell et al v. Volvo Cars of North America LLC, (2:17-cv-00161) in the U.S. District Court for the District of New Jersey.
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