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Judge rules on class certification in California class action lawsuit against American Suzuki.


LOS ANGELES--(BUSINESS WIRE)--Nov. 2, 1994--Los Angeles Superior Court Judge Barnet M. Cooperman ruled Wednesday in Carney v. American Suzuki Motor Corp. (American Suzuki), Case No. JCCP JCCP Journal of Cross Cultural Psychology
JCCP Journal of Consulting and Clinical Psychology
JCCP Japan Center for Conflict Prevention
JCCP Journal of Clinical Chiropractic Pediatrics
JCCP Jefferson County Community Partnership
 2678, on defendant's motion to decertify de·cer·ti·fy  
tr.v. de·cer·ti·fied, de·cer·ti·fy·ing, de·cer·ti·fies
To revoke the certification of: voted to decertify the union.
 the court's Aug. 30 class certification order and held in favor of the class plaintiffs.

This ruling establishes a legal precedent as Carney becomes the first class action to be successfully sustained against American Suzuki on either a state or federal level. Next, the court will rule on class notification procedures and trial is anticipated in Spring of 1995.

"We are pleased that the court endorsed the class certification order," said Terry Keelan, a partner with the Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  law firm of King & Williams and one of the lawyers representing the class. "This paves the way for a trial on the merits on the merits adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers  and will allow a jury to determine whether or not American Suzuki should be held accountable for the defectively designed and manufactured Suzuki Samurai."

Carney revives consumer efforts, dating back to 1988, to compel defendant to repair its defectively designed Suzuki Samurais, including requests to the National Highway Traffic Safety Administration The National Highway Traffic Safety Administration (NHTSA, often pronounced "nit-suh") is an agency of the Executive Branch of the U.S. Government, part of the Department of Transportation. , to have the vehicle recalled. There are approximately 45,000 Suzuki Samurais in California, and Carney will cover only those individuals who purchased Suzuki Samurais from a Suzuki dealer or distributor.

Those who opt to join the class will seek $2,000 each from American Suzuki to correct the Samurai's design defects for a total repair bill of $90 million.

"Consumers in other states and the automotive industry The automotive industry is the industry involved in the design, development, manufacture, marketing, and sale of motor vehicles. In 2006, more than 69 million motor vehicles, including cars and commercial vehicles were produced worldwide.  will be watching this case carefully," explained Larry Schwartz, co-counsel on behalf of the class and a solo practitioner in Beverly Hills Beverly Hills, city (1990 pop. 31,971), Los Angeles co., S Calif., completely surrounded by the city of Los Angeles; inc. 1914. The largely residential city is home to many motion-picture and television personalities. , "because it is sending a powerful signal that demands accountability for design defects in vehicles, placing consumer safety above the corporate bottom line."

Nationally, there are approximately 174,220 Suzuki Samurais on the road as of July 1, 1993, according to statistics maintained by R.L. Polk & Co. of Long Beach, Calif.

Plaintiffs allege that American Suzuki has known about the Suzuki Samurais' design defect, which involves a center of gravity for the vehicle that is too high, a narrow tread width, a short wheel base and light weight, all of which combine to create an unacceptable risk of highly injurious in·ju·ri·ous  
adj.
1. Causing or tending to cause injury; harmful: eating habits that are injurious to one's health.

2.
 or deadly roll-over accidents since 1986.

"We will prove that the design defects in the Samurai are responsible for the majority of foreseeable roll-over accidents, and not improper use or careless and negligent conduct as defendant maintains," said Keelan. "Our goal is simply safe cars, free of design defects, for all Suzuki Samurai owners."

CONTACT: Communication Art Forms, Los Angeles

Kathy Pinckert, 310/836-8355
COPYRIGHT 1994 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1994, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Nov 2, 1994
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