— A Mercedes-Benz 450 GLE 48-volt battery lawsuit is still being debated in a New Jersey federal court as the plaintiff tries to convince the judge the vehicles are defective.
The class action lawsuit, which includes New Jersey owners of 2021 or older 450 GLE vehicles, alleges the 48-volt batteries prevent the vehicles from starting.
Plaintiff Joseph Scattaglia Jr. is a New York resident who purchased a 2021 Mercedes-Benz GLE 450 W4 in October 2020 in New Jersey.
Scattaglia claims his Mercedes has undergone three repair attempts with a total of 47 days at a dealership for attempts to repair the “no-start condition and/or electrical malfunction.”
Twice the dealership allegedly told him the vehicle wouldn't start because of problems with the 48-volt battery.
The plaintiff references technical service bulletins Mercedes issued to dealerships for problems related to vehicles that wouldn't start due to the 48-volt batteries.
Mercedes-Benz allegedly knew about the problems as early as January 2020.
According to the Mercedes class action, the alleged defects, “substantially impair[] the use, value or safety” of the vehicles.
“Given the need to have the vehicle towed and its lack of reliability, the problems have significantly impaired [their] use of the vehicle and plaintiffs believe the vehicle is unsafe and plaintiffs’ confidence in the vehicle is shaken.”
The lawsuit also alleges the vehicle’s repair history is a “permanent blemish” on the vehicles’ value, which is less than if the vehicles had no problems.
In a motion to dismiss the class action lawsuit, Mercedes-Benz argues the plaintiff doesn't claim he suffered any out-of-pocket expenses to repair the vehicle. Mercedes further says the allegations of alleged defects are "vague, undefined, and do not plausibly establish a defect exists."
The automaker told the judge the plaintiff failed to show a “concrete injury in fact” because he didn't spend any of his own money for repairs. However, the judge found allegations of repair expenses are not required to demonstrate a concrete injury in fact.
The judge references the class action which alleges the defects “substantially impair[] the use, value or safety” of the vehicles. Scattaglia claims during the warranty period, his vehicle was towed to the dealership for repair first because the passenger side experienced a loss of power, then twice more when the vehicle died.
He also alleges he was unable to use his Mercedes for a total 47 days while it underwent repairs.
According to the judge, allegations of diminished vehicle value and time spent taking the vehicle to the dealership for repairs are sufficient to demonstrate standing.
However, Mercedes convinced the judge the plaintiff did not state a claim for breach of express warranty. The judge also dismissed a New Jersey Consumer Fraud Act claim and a Magnuson-Moss Warranty Act claim as to the express warranty claim.
A Magnuson-Moss Warranty Act claim as to an implied warranty claim will continue.
The Mercedes-Benz GLE 450 class action lawsuit was filed in the U.S. District Court for the District of New Jersey: Gerald Scattaglia, Jr., v. Mercedes-Benz USA, LLC, et al.
The plaintiff is represented by the Law Office of Lewis G. Adler, Perlman DePetris Consumer Law, and Robison Lemon Law Group LLC.
