SAN FRANCISCO – An Alpine couple has filed suit against car manufacturer alleging that they violated U.S. environmental law by putting a "defeat device" in its cars that would temporarily reduce emissions in order to pass inspection.
John Poniktera and Luella Poniktera filed a complaint on April 20 in the U.S. District Court for the Northern District of California against Volkswagen Aktiengesellschaft and Volkswagen Group of America Inc., citing alleged breach of implied warranty, breach of contract, fraud and other counts
According to the complaint, the plaintiffs allege that in 2010, they leased a 2010 diesel Volkswagen Jetta that had a defeat device installed. The plaintiffs hold Volkswagen Aktiengesellschaft and Volkswagen Group of America Inc. responsible because the defendants allegedly manufactured cars that contained a defeat device despite the environmental laws in place.
The plaintiffs request a trial by jury and seek actual damages, restitution, punitive damages, consequential and incidental damages, all legal fees and any other relief as this court deems just. They are represented by Stephen G. Recordon of Recordon & Recordon in San Diego.
U.S. District Court for the Northern District of California Case number 3:16-cv-02094-CRB