Jon Alin, the plaintiff in this case, has filed a lawsuit against Honda, claiming the auto manufacturer knowingly sold vehicles with defective air conditioners and would not pay for expenses relating to the repair.
Last week in Newark, New Jersey, U.S. District Judge Katharine Hayden granted Honda’s request to dismiss two of the eight counts in Alin’s complaint, which was filed under the Class Action Fairness Act. According to the opinion, Alin claims that following his lease of a 2006 Odyssey, the air conditioner would no longer work and a technician with Honda informed him that he was “experiencing a common problem.”
Hayden’s ruling, which is found in a 28-page opinion, states, “A fair reading of the complaint establishes that Alin has alleged that Honda affirmatively acted in concealing a flaw in its vehicles. Honda implemented its warranty policy with the intent that it would not honor it when damages stemming from the defective A/C systems arose.”
Even though Hayden dismissed Alin’s claims of breach of implied warranty and unjust enrichment against Honda, she did rule that Alin sufficiently presented claims that the auto maker breached a duty of good faith and fair dealing and an express warranty, as well as violated the New Jersey Consumer Fraud Act and committed a common law fraud.