05/10/21 Case Update:
On May 10, 2021, Judge Josephine L. Staton granted final approval of the Theta II GDI settlement, valued in total at $1.3 billion. The court’s settlement approval outlines the remedies offered under the settlement, including lifetime warranty against the engine defect, software installation aimed to detect and prevent the engine defect, reimbursem*nts for repair-related costs and lost value due to engine failures or fires, and payment for repair delays.
Case Status
Settled
Settlement Amount
Valued at $1.3 Billion
Case Caption
In re: Kia Engine Litigation
Position
Co-Lead Counsel
Attorneys
Steve W. Berman
Rachel E. Fitzpatrick
Practice Areas
Automotive Litigation
Class Action
Consumer Rights
Court
U.S. District Court for the Central District of California
Judge Assigned
Hon. Josephine L. Staton
Case Number
8:18-cv-02223; related to 8:17-cv-00838
Defendant(S)
Hyundai Motor Company
Hyundai Motor America
Kia Motors Corporation
Kia Motors America Inc.
File Date
Phone
1-888-381-2889
[emailprotected]
Related Documents
- Order Granting Final Approval of Settlement 05/10/21
- Order Granting Preliminary Approval of Settlement 05/07/20
- Plaintiffs' Notice of Motion and Unopposed Motion for Preliminary Approval of Settlement10/10/19
- Proposed Order Granting Plaintiffs' Motion for Preliminary Approval of Settlement10/10/19
- Declaration of Steve W. Berman in Support of Plaintiffs' Motion for Preliminary Approval of Settlement10/10/19
- Declaration of Matthew D. Schelkopf in Support of Plaintiffs' Motion for Preliminary Approval of Settlement 10/10/19
- Notice of Proposed Class Settlement 10/10/19
- Proposed Claim Form 10/10/19
- Amended Complaint 05/01/19
- Amended Complaint 01/10/19
- Complaint 12/14/18
The following vehicles equipped with Theta II GDI engineshave been identified as at risk for spontaneously catching on fire in non-collision events and/or suffering premature engine failure:
AFFECTED VEHICLES
- 2011-2019 Hyundai Sonata(Theta II GDI engines)
- 2013-2019 Hyundai Santa Fe Sport(Theta II GDI engines)
- 2014-2015, 2018-2019 Hyundai Tucson(Theta II GDI engines)
- 2011-2019 Kia Optima(Theta II GDI engines)
- 2012-2019 Kia Sorento(Theta II GDI engines)
- 2011-2019 Kia Sportage(Theta II GDI engines)
- Additional Hyundai and Kia vehicles, with different engines are still being litigated. Find out more here »
HYUNDAI/KIA ENGINE FIREHAZARD EXPLAINED
4.1 million Hyundai and Kia vehicles equipped with Theta II GDI engines are at risk for spontaneous, non-collision engine fires or premature engine failure, putting drivers under serious threat of physical injury and damage to their vehicles while driving.
As of October 2018, more than220 consumer complaintsof non-collision fires in these vehicles were submitted to NHTSA and the Center for Auto Safety combined. Between June 12 and October 12, 2018, the Center for Auto Safety learned of 103 additional fire reports — an 85 percent increase — and continues to receive new reports of engine failures and fires across various models.
Along with creating a severe driving hazard and increasing the chance of injury or death, the end result of the engine defect is serious, extensive, and expensive damage to the engine and/or total loss of the vehicle.
ABOUT THE DEFECT
Our firm's investigation has revealed that the defect affects a myriad of Hyundai and Kia vehicles equipped with certain gasoline direct injection (GDI) engines and multipoint fuel injection (MPI) engines.
These engines were manufactured defectively resulting in premature wear of the connecting rod bearings. A worn connecting rod bearing may result in an abnormal knocking noise from the engine and/or illumination of the oil pressure warning light. Continually driving a vehicle with a worn connecting rod bearing can damage the engine and eventually cause catastrophic engine failure. It can also result in a damaged connecting rod puncturing the engine block, causing engine oil to leak and ignite a fire.
YOUR CONSUMER RIGHTS
Hagens Berman believes vehicle owners deserve more, and that these automakers should be held accountable for putting owners and drivers at grave risk of injury. While Hyundai and Kia would rather wait until they are forced to act, we think those put in harm's way should receive.
TOP AUTO LITIGATION FIRM
Hagens Berman is one of the most successful auto litigation law firms in the U.S. and is presently leading nationwide cases against Hyundai, Kia, Volkswagen, GM, Mercedes, and Fiat Chrysler for safety defects and emissions-cheating. Your claim will be handled by attorneys experienced in automotive consumer law.
CASE TIMELINE
Order Granting Final Approval of Settlement
Additional Vehicles Recalled by Hyundai and Kia Hyundai and Kia have recalled additional vehicles affected by this defect potentially leading to vehicle fires. Hagens Berman is in turn expanding its litigation. New affected vehicles include:
Plaintiffs File Settlement Final Approval Papers Consumers asked a federal judge in California to finally approve an $890 million settlement with Hyundai and Kia which requires the automakers to warranty the Theta II GDI engines for life, make certain cash payments, and reimburse owners of affected vehicles for repairs and other out-of-pocket costs related to the failure-prone engines. While U.S. District Judge Josephine L. Staton of the Central District of California conditionally approved a $758 million deal in May, the updated dollar amount, which could ultimately rise to $1.3 billion, “offers the class virtually everything Plaintiffs hoped to recover through the litigation,” consumers said in their filing. The Court will consider approval of the parties’ settlement at the final fairness hearing on November 13, 2020.
Court Preliminarily Approves Settlement In anorder issued May 7, 2020, U.S. District Judge Josephine L. Staton of the Central District of California conditionally approved Plaintiffs’ $758 million deal with automakers involving 4.1 million vehicles with Theta II GDI engines.
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