Three Subaru Models Alleged to Accelerate Without Any Driver Input: Expert Report Bolsters Berger Montague Class Action Against Subaru as it Moves to Class Certification Phase

Berger Montague PC announces that its lawsuit against Subaru of America and Subaru Corporation, for a dangerous defect causing three Subaru models to accelerate suddenly and unintentionally, has moved into the class certification phase.

At issue are the 2012-2020 Forester, 2015-2020 Legacy, and 2015-2020 Outback (the “Class Vehicles”). Plaintiffs allege that the Class Vehicles contain one or more defects that cause sudden and unintended acceleration without driver input. This alarming defect causes the vehicles to speed up without warning, even if the driver is pressing the brakes, and often at low speeds while turning into a parking spot. With over 200 documented complaints to the National Highway Safety Administration (NHTSA), the defect poses an extreme and unreasonable safety hazard to drivers, passengers, and pedestrians.

Berger Montague shareholder Russell D. Paul is co-lead counsel in the proposed class action, which is captioned Weston, et al. v. Subaru of America, Inc., No. 1:20-cv-05876 (D.N.J.), along with Tarek Zohdy of Capstone Law APC. Plaintiffs have now served their expert reports in the matter, which support their claims and find that the root cause of this defect is a combination of poorly designed processing of the accelerator pedal position sensor signals and inadequate diagnostic electronic throttle control algorithms that utilize those signals.

As Mr. Paul stated in an interview on KIRO7 TV Seattle, Plaintiffs have alleged Subaru knew of this defect since 2011.

According to Mr. Paul, “If a driver experiences unintended acceleration in any of these Subaru Vehicles, it is imperative that they immediately report the incident to a Subaru dealer, the Subaru customer care hotline (800-782-2783) and to NHTSA.”

The court has previously denied Subaru’s motion to dismiss, sustaining the majority of Plaintiffs’ claims for breaches of warranty, violations of consumer protection statutes, and consumer fraud on behalf of a nationwide class and nine state subclasses. 

Berger Montague is one of the nation’s preeminent full-spectrum complex civil litigation, class action, and mass tort law firms, with over 54 years of serving in lead roles in precedent-setting cases that have recovered more than $60 billion in damages in the fields of antitrust, securities, mass torts, civil and human rights, whistleblower cases, employment, and consumer litigation. The firm is headquartered in Philadelphia, and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, Washington, D.C., and Wilmington, Delaware.

Contact: Russell Paul, 215-875-4601, [email protected].

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