— A Mitsubishi Outlander hood latch lawsuit will move forward in court, but it will proceed minus three claims that have been dismissed.
The class action lawsuit alleges 2022 Mitsubishi Outlander SUVs are equipped with hoods that bounce and flutter in the wind and when driving over bumps. The faster the Outlander moves the more the hoods allegedly flutter and bounce.
The Mitsubishi hood latch lawsuit also alleges the bouncing hood can reflect the sunlight and leave a driver blinded by the reflection. In addition, a fluttering Mitsubishi hood can allegedly "impair vehicular aerodynamics and fuel economy."
The 2022 Mitsubishi Outlander hood latch lawsuit was filed by Massachusetts plaintiff Jesse Rezendes who purchased a 2022 Mitsubishi Outlander in June 2021. The plaintiff asserts Mitsubishi knew the hoods were defective before the 2022 Outlanders were first sold in February 2021.
The plaintiff says within weeks of buying the Outlander, the hood began bouncing and fluttering in windy conditions and when driving highway speeds. The plaintiff contends he didn't feel safe driving the 2022 Outlander because he was waiting for the hood to unlatch and fly open while driving.
The class action also alleges driving the Outlander was dangerous because the loose hood distracted the plaintiff, and he claims people didn't want to ride in the SUV due to the alleged hood problems.
The plaintiff says he complained to the Mitsubishi dealership in July 2021 but was allegedly told there was no repair for the hood. The Outlander had about 6,400 miles on it in November 2021 when the plaintiff again complained to the dealer about the fluttering hood.
Due to a hood latch technical service bulletin issued by Mitsubishi to dealers, this time Mitsubishi technicians attempted to make repairs by adjusting the hood latch and replacing all three hood weatherstrip seals. But according to the hood class action lawsuit, the Outlander hood continued to flutter and bounce.
An attorney for the plaintiff contacted Mitsubishi in February 2022 and the plaintiff made a third Outlander hood complaint to the dealership. The plaintiff says the dealer told him there were no repairs or replacement hoods available.
According to the lawsuit, the Mitsubishi dealership said it was waiting for the automaker to announce an Outlander hood recall.
Motion to Dismiss the 2022 Mitsubishi Outlander Hood Latch Lawsuit
In a motion to dismiss the fluttering hood lawsuit, Mitsubishi argues all the claims should be dismissed, beginning with a claim that Mitsubishi fraudulently concealed Outlander hood defects.
Judge Angel Kelley agreed with Mitsubishi, at least regarding the fraud claim. Judge Kelley ruled the plaintiff failed to state a claim for fraud by omission because the hood latch lawsuit doesn't have specific allegations concerning his reasons for choosing to purchase 2022 Outlander.
The lawsuit allegedly has no particular statements the plaintiff relied upon from Mitsubishi about the 2022 Outlander or any particular conversations he had with the Mitsubishi dealership.
Also dismissed was a claim Mitsubishi violated the Magnuson-Moss Warranty Act, a claim the judge ruled she must dismiss because the class action lawsuit does not have at least 100 named plaintiffs.
And Mitsubishi further succeeded in removing a breach of implied warranty of merchantability claim after the judge ruled the plaintiff failed to plead a loss or injury.
"Mr. Rezendes does not plead any injury as the result of the defect other than economic loss. Massachusetts precludes recovery for solely economic losses on the implied warranty of merchantability." — Judge Kelley
But with those claims dismissed, at this stage of the class action lawsuit Mitsubishi will face a breach of express warranty claim after the plaintiff adequately alleged his Outlander was covered by Mitsubishi’s new vehicle warranty.
The 2022 Mitsubishi Outlander warranty says the vehicle will be “free from defects in materials or workmanship at the time of delivery. The Outlander warranty says Mitsubishi will repair or replace a defect that appears “during the first 5 years or 60,000 odometer miles, whichever occurs first.
However, the plaintiff contends Mitsubishi failed to repair his hood problem.
Also allowed to proceed is a Massachusetts consumer protection statute claim and an unjust enrichment claim.
The Mitsubishi Outlander hood latch lawsuit was filed in the U.S. District Court for the District of Massachusetts: Jesse Rezendes, vs. Mitsubishi Motors North America, Inc.
The plaintiff is represented by Lemberg Law, L.L.C.
