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Lexus, its parent company Toyota Motor Corp., and two Florida dealerships were hit with a class action lawsuit alleging that the dashboards in their luxury cars are defective and cannot withstand the climate in Florida.
Lead plaintiffs, Miami residents Daniela Perez and Jesus del Rio, filed the Lexus class action lawsuit this week. In their complaint, the plaintiffs allege that after normal use of Lexus brand vehicles, “the Florida heat caused the dashboards and other similarly constructed interior components to become sticky, oily, shinny, cracked and degraded.”
“The condition was and is known to [Lexus and Toyota],” the plaintiffs further allege in their class action lawsuit, pointing out that Toyota had issued a service bulletin in 2011 instructing Lexus dealers to repair and replace damage related to the alleged dashboard defect pursuant to the Lexus comprehensive warranty. However, the plaintiffs allege Lexus and Toyota refused to repair damage for Lexus vehicles that are no longer covered under the comprehensive warranty.
The plaintiffs point out in their class action lawsuit that “[t]hese vehicles are marketed as luxury vehicles and as the product of Lexus’ never-ending ‘pursuit of perfection,’” and argue Lexus should pay for repairs to the dashboards and interiors which occurred during normal use of the vehicles in Florida’s hot and humid climate. “The defective dashboard and interior has caused damage which Lexus K, Lexus F, and Toyota have refused, and continue to refuse, to repair pursuant to its implied warrantee,” allege the plaintiffs. “This is the core issue in this case which predominate over all other issues in this matter.”
The plaintiffs claim the Class Members of this class action lawsuit include “[a]ll individuals in Florida who own a Lexus vehicle which has experienced damage to the dashboard or interior as a result of heat within the applicable limitations period.”
The plaintiffs also claim two Lexus dealerships in Miami-Dade county in Florida, Lexus of Kendall, which serves Miami, Coral Gables and South Florida, and Scanlon Lexus of Fort Myers, should share responsibility for the damage. The plaintiffs claim that Lexus, Toyota and the Lexus dealerships have breached an implied warranty with Class Members. “At all times the class representatives and the class relied on representations made by Lexus K, Lexus F and Toyota that Lexus vehicles were luxury vehicles designed to be used in Florida,” alleges the class action lawsuit.
The plaintiffs claim that Lexus and Toyota should pay them and the Class Members for monetary damages because “ [a]s a direct and proximate result of Lexus K, Lexus F and Toyota’s breach, the class representatives and the Class have and will suffer [sic] monetary loss for required repairs to the dashboard and interior and resulting loss of use of their vehicles.
The plaintiffs, Daniela Perez and Jesus del Rio, are represented by Juan P. Bauta II of the Ferraro Law Firm PA.
The Lexus Defective Dashboard Class Action Lawsuit is Daniela Perez, et al. v. GFB Enterprises LLC d/b/a/ Lexus of Kendall, et al., in the Circuit Court of the 11th Judicial Circuit In and For Miami-Dade County.
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