
The within proposed automotive defect multi-jurisdictional class proceeding involves certain model and model year Hyundai-, Genesis- and Kia-brand vehicles, defined below as “Affected Class Vehicles”, engineered, designed, developed, manufactured, assembled, tested, marketed, distributed, supplied, leased and/or sold by the Defendants, Hyundai Auto Canada Corp. (“HACC”), Hyundai Motor Company (“HMC”), Hyundai Motor America, Inc. (“HMA”), Hyundai Motor Manufacturing Alabama LLC (“HMMA”), Kia Canada Inc. (“KCI”), Kia Motors Corporation (“KMC”), Kia Motors America, Inc. (“KMA”), and Kia Georgia, Inc. (“KGI”), in Canada, including the Province of British Columbia, equipped with a defective Internal Charging Control Unit (“ICCU”), which charges the vehicle’s battery and powers the low-voltage accessory equipment, that is prone to inevitable failure when subjected to voltage and/or thermal stress (the “ICCU Defect”).
In particular, the ICCU Defect arises from the use of inadequate internal power transistors, within the ICCU, that fail: (i) upon voltage stress; and/or (ii) from thermal stress due to a faulty cooling system that is prone to rupture and leakage. The failure of the internal power transistors short-circuits the ICCU, resulting in a blown fuse, thereby cutting off electrical power to the vehicle’s essential components, including, inter alia, the 12-volt battery and the high-voltage traction battery pack, causing a loss of motive power so as to create a real, substantial, and imminent risk of harm, injury, and/or death to vehicle occupants.
“Affected Class Vehicles” include, but are not limited to, the following model year Hyundai-, Genesis-, and Kia-brand vehicles designed, manufactured and/or assembled by the Defendants, HMC, HMMA, KMC, and/or KGI, and marketed, advertised, distributed, sold and/or leased by the Defendants, HACC, HMC, HMA, KCI, KMC and/or KMA, in Canada, including the Province of British Columbia, equipped with a defective ICCU:
This action is brought on behalf of members of a class consisting of the Plaintiff, and all other persons resident in Canada, who own, owned, lease and/or leased any one or more of the Affected Class Vehicles (“Class” or “Class Members”), excluding employees, officers, directors, agents of the Defendants and their family members, class counsel, presiding judges and any person who has commenced an individual proceeding against or delivered a release to the Defendants concerning the subject of this proceeding, or such other class definition or class period as the Court may ultimately decide on the application for certification.
The ICCU Defect arises from the use of inadequate MOSFETs, within the ICCU, that fail: (i) upon voltage stress; and/or (ii) from thermal stress due to a faulty cooling system that is prone to rupture and leakage. The failure of the MOSFETs short-circuits the ICCU, resulting in a blown fuse, thereby cutting off electrical power to the vehicle’s essential components, including, inter alia, the 12-volt battery and the high-voltage traction battery pack, causing a loss of motive power so as to create a real, substantial, and imminent risk of harm, injury, and/or death to vehicle occupants.
Please reach out to our firm today if you believe you have one of the Affected Class vehicles that is the subject of this litigation.
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