SAN FRANCISCO (Legal Newsine) – Two California consumers have filed a class action lawsuit against KitchenAid over allegations that certain models of dishwashers are defective.
James Bodley and Kyle Matson filed a complaint on behalf of on behalf of themselves and all others similarly situated on Sept. 19 in the U.S. District Court for the Northern District of California against KitchenAid Inc. and Does 1-10 alleging breach of implied warranty and other counts.
According to the complaint, the plaintiffs allege that certain models of dishwashers manufactured by the defendant have a defective upper rack assembly that is prone to failure, causing it to suddenly and unexpectedly collapse.
The plaintiffs hold KitchenAid Inc. and Does 1-10 responsible because the defendants allegedly sold products with defective components that cannot be repaired and must be replaced at the expense of consumers, failed to disclose the defects to consumers at the time of purchase, and refused to pay for the parts and labor to replace the defective rack.
The plaintiffs request a trial by jury and seek judgment against defendants for compensatory damages, restitution and/or disgorgement of revenues, exemplary and punitive damages, costs, attorneys’ fees and other relief as the court may deem appropriate. They are represented by David M. Birka-White and Mindy M. Wong of Birka-White Law Offices in Danville, California, and N. Scott Carpenter and Rebecca Bell-Stanton of Carpenter & Schumacher PC in Plano, Texas.
U.S. District Court for the Northern District of California case number 17-C-5436