Westlaw News

Mercedes-Benz must face most claims in moldy AC lawsuit - judge

German carmaker Daimler AG and its U.S. unit Mercedes-Benz USA must face the bulk of claims of a proposed class action lawsuit over allegedly defective heating, ventilation and air conditioning systems after a federal judge on Tuesday dismissed only the car owners’ express warranty claims.

Two named Georgia car owners, who filed their claims in Atlanta federal court last year, aim to represent a nationwide group of plaintiffs. They allege Mercedes vehicles as far back as the 1999 model years have defective climate control systems that allow mold and mildew to develop. The defect causes a “noxious, pungent, sour and musty odor throughout the cars,” they claim.

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