The lawsuit against Subaru's crappy windshields will move forward after partially surviving the automaker's motion to dismiss. The windhsields crack and chip at an alarming rate, but Subaru doesn't cover replacements under warranty if the issue is due to a defect. According to them the warranty only covers material or workmanship issues. Strange position to take, but ok.
While a few allegations were removed due to legal technacilities, the judge said dismissing the case entirely at this point would be premature.
About the case ∞
- The case, Powell, et al., v. Subaru of America, Inc. is a consolidation of multiple class-actions filed between October 2019 and April 2020.
- Five of the breach of express warranty claims were dismissed because the plaintiffs didn't present their vehicles to Subaru for repairs, although all indications are they would have been turned away anyway.
- For the surviving arguments the plaintiffs may need to ammend their allegations. If the problem is found to be a "defective design", as suggested, it sounds like the judge will side with Subaru. We'll see.