Mercedes-Benz Fails to Put Brakes on Drivers’ Mold Claims

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By Peter Hayes

Mercedes-Benz USA LLC failed to shake allegations of mold in the heating and air conditioning system of several of its cars.

Most claims by a class of Mercedes-Benz owners may go forward, the U.S. District Court for the Northern District of Georgia ruled.

The car owners may proceed with their claims of breach of implied warranty, fraudulent concealment, unjust enrichment, and violations of the Georgia Fair Business Practices Act. They may also pursue injunctive relief, the court said.

But the claims for breach of express warranty failed because the warranty doesn’t cover design defects, the court said.

The complaint alleged that due to the cars’ faulty design, the HVAC system fails to properly evaporate or drain condensation that accumulates in the system, creating “a moist, hospitable environment for the growth of bacteria, fungus, mold, and spores, which then are blown into the passenger cabin.”

Judge Amy Totenberg issued the ruling.

Lieff, Cabrasher, Heiman & Bernstein LLP represented the plaintiffs.

King & Spalding LLP represented Mercedes-Benz.

The case is Amin v. Mercedes Benz USA, LLC , 2018 BL 84788, N.D. Ga., No. 17-CV-1701, 3/13/18 .

To contact the reporter on this story: Peter Hayes in Washington at PHayes@bloomberglaw.com

To contact the editor responsible for this story: Steven Patrick at spatrick@bloomberglaw.com

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