This class action lawsuit concerns a material and dangerous defect in the hood locking mechanism of the 2006 Model Year Subaru B9 Tribeca (“Tribeca” or “Vehicle” or “Class Vehicle”) that has repeatedly caused the hood of the Vehicles to fly open unexpectedly while traveling at highway speeds, cracking the windshield, causing substantial damage to the Vehicles and rendering the driver unable to see the road (the “Defect”).
As alleged, Subaru, sold approximately 200,000 Model Year 2006 vehicles in the United States. Of those, just over 18,000 were the Tribeca model. The National Highway Traffic Safety Administration website has 17 complaints describing a consistent story of the hood flying open during operation and smashing the windshield of Model Year 2006 Tribeca Vehicles. There is not a single complaint on the NHTSA website indicating that the Defect manifested in any of the other 182,000 Model Year 2006 cars sold by Subaru. In short, despite the fact that the Tribeca accounted for only 9% of 2006 Model Year sales, it accounted for 100% of the incidences of the hood flying open unexpectedly during operation and cracking the windshield. Despite long standing knowledge of the defect through public complaints and internal testing, Subaru has failed to take responsibility for the problem, refusing to issue a recall and denying consumer requests to pay for necessary repairs occasioned by the Defect.
The class action lawsuit is brought by Plaintiff on behalf of herself and a class of current and former Subaru vehicle owners and lessees with defective hood locking mechanisms in Model Year (“MY”) 2006 Subaru B9 Tribecas. The Vehicles is defectively designed and is prone to failing in an extremely dangerous manner putting Subaru drivers, their passengers and others on the roadway at serious risk of substantial bodily harm or death.