The owner of a Hyundai Genesis with a sunroof that repeatedly opened and closed on its own has won a new trial in his lawsuit against Hyundai Motor America and the California dealership from which he leased the car.
A three-judge panel of the California Court of Appeal authorized a second trial after finding that the sunroof, which malfunctioned on a freeway the day after the plaintiff leased the new 2011 Genesis, may violate the implied warranty of merchantability. That warranty means a product is "fit for the ordinary purposes for which such goods are used."
The appeals court rejected a request by Hyundai for a rehearing.
Mark Chirco, an in-house attorney for Hyundai, said: "We're confident about our chances" when the case goes to the jury.