— A Kia exploded sunroof lawsuit has been dismissed after Kia spent nearly 12 years in court pushing back against the class action allegations.
The Kia shattered sunroof lawsuit includes:
- 2011-2015 Kia Sorento
- 2011-2015 Kia Sportage
- 2011-2015 Kia Optima (including hybrid)
- 2014-2015 Kia Cadenza
Ohio plaintiff Tom Kondash purchased a 2012 Kia Optima EX in March 2012 which he drove for more than three years without any sunroof problems. But in July 2015, the plaintiff and his wife were traveling in the Kia doing about 70 mph when “the sunroof spontaneously exploded and shattered.”
Kondash described hearing “a shotgun sound in the back of the car” that was “extremely loud and scary.” Because Kondash and his wife were both wearing short sleeves and shorts, the lawsuit says the tiny glass shards cut their arms, legs, and heads.
The Kia class action alleges nothing struck the sunroof glass, but the day after the incident he took his Kia to a dealer where Kia replaced the sunroof for free even though the vehicle was no longer covered by warranties. The plaintiff continued to drive his Kia Optima for more than two years and an additional 34,696 miles after the sunroof was replaced for free.
But according to the sunroof lawsuit, Kondash “significantly reduced” his usage of the Kia because he was worried the sunroof would shatter again. He also asserts he did not want to sell the Optima because he “would feel awful” if the sunroof later broke on the buyer. And he didn't want to trade in the Kia because a dealer may not warn a new owner about the alleged sunroof defects.
The plaintiff filed the Kia exploding sunroof lawsuit in July 2015 and complains his Optima has been parked in his driveway since November 2017. Since then the Kia has suffered hail damage, has been hit by house siding that was ripped off his home in a storm, and has remain exposed to the elements.
But the Kia sunroof has not shattered again.
Kia Exploded Sunroof Lawsuit Dismissed
For nearly 12 years the court allowed the Kia shattered lawsuit to continue only to finally dismiss it permanently.
Judge Jeffery P. Hopkins notes how the National Highway Traffic Safety Administration opened an investigation in 2013 into Kia shattered sunroofs, an investigation that was expanded in 2014. NHTSA closed its investigation by finding the Kia sunroofs were not defective.
“Road debris such as small rocks ‘kicked up’ by other vehicles could be a contributing factor either in causing the sunroof glass to shatter immediately or causing imperceptible impact damage that can eventually result in a subsequent breakage due to additional stresses or glass damage.” — NHTSA
And the judge notes how Kia's expert statistician determined the breakage rate for the 2012 Kia Optima was only 0.05%, lower then vehicle models from other automakers.
According to the judge, the plaintiff's negligent-design claim fails because “the defect must be adequately identified,” which requires “a high degree of specificity.” But the judge says Kondash has not offered any evidence as to precisely how the panoramic sunroof was defective.
The sunroof lawsuit says the sunroof is "made of tempered glass; the glass is four millimeters thick; there is ceramic paint on 'some portion of the glass'; the amount of ceramic paint is more than the industry average; the sunroof is curved; the glass panel is attached to the sunroof frame, which is directly fastened to the vehicle; and the glass panel is 'directly exposed to the stresses of vehicle movement.'”
"However, Kondash does not identify which feature from this grab bag of options proffered rendered the sunroof defective. Nor has he provided any evidence as to how these aspects of the sunroof’s design caused it to shatter." — Judge Jeffery P. Hopkins
The Kia shattered sunroof lawsuit is also dismissed because Ohio law requires expert testimony in a design-defect case “when the subject matter involves a question of scientific inquiry which is not within the knowledge of lay witnesses or members of the jury.” But the plaintiff provided no expert.
The Kia exploded sunroof lawsuit was filed in the U.S. District Court for the Southern District of Ohio: Kondash v. Kia Motors America, Inc., et al.
The plaintiff is represented by the Gibbs Law Group, Berger Montague, Merriman Legal, and Greg Coleman Law.