Consumer files suit against Mercedes-Benz over airbag recall

By Jenie Mallari-Torres | May 15, 2018

LOS ANGELES – A Los Angeles County man alleges that an automaker has only completed 2 percent of recalls to correct a "deadly" airbag issue.

LOS ANGELES – A Los Angeles County man alleges that an automaker has only completed 2 percent of recalls to correct a "deadly" airbag issue.

Michael Oppenheim filed a complaint individually and as the representative of a class of similarly situated persons on April 30 in the U.S. District Court for the Central District of California against Mercedes-Benz USA LLC alleging fraud, unjust enrichment and other counts.

According to the complaint, the defendant issued an electrical grounding/airbag deployment recall for 495,290 vehicles in October 2017. The plaintiff alleges he leased a Mercedes-Benz in 2017 and received a letter about the recall in November 2017 but a date has not been set to repair the vehicle.

The plaintiffs hold Mercedes-Benz USA LLC responsible because the defendant allegedly forced consumers to drive dangerous vehicles and misled consumers regarding their safety and the ability to have the vehicles remedied.

The plaintiff requests a trial by jury and seek judgment against defendant; order certifying the proposed class, appoint representative and counsel of the class; award actual, consequential, and incidental losses and damages; punitive damages; attorneys’ fees; costs and suit and further relief as the court may deem just. He is represented by Mark J. Geragos, Ben J. Meiselas and Jeffrey Kwatinetz of Geragos & Geragos APC in Los Angeles.

U.S. District Court for the Central District of California case number 2:18-cv-03610

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