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Mazda has filed a motion to dismiss a large class action lawsuit that alleges drivers are confused by a dashboard message that says, “Depress Brake Pedal to Start Vehicle.”
The plaintiff complains all 2017-present Mazda drivers are not informed “how to properly switch the vehicle from Ignition-on mode to Engine-on mode.”
A Pennsylvania 2024 Mazda CX-50 owner filed the class action for more than $5 million. Plaintiff Joshua Meltzer says he instructed his daughter about how to use the vehicle, but the lawsuit doesn’t mention her age.
According to the class action, his daughter got into the CX-50 and pushed the Start button which activated a message that said: “Depress Brake Pedal to Start Vehicle.”
She “depressed the brake and shifted the vehicle out of Park and into Drive,” but the Mazda vehicle began rolling backward as she tried to push the brake and control the vehicle, “but both the power brakes and power steering were unresponsive.”
The lawsuit says she bailed out of the Mazda CX-50 as it rolled into a neighbor’s tree. The lawsuit contends the plaintiff paid for the damage to his neighbor’s yard, but the class action doesn’t say how much he paid. Additionally, he has allegedly not paid to have his Mazda vehicle repaired.
His vehicle was towed to a Mazda dealer where technicians concluded the CX-50 performed as intended.
The “Depress Brake Pedal to Start Vehicle” lawsuit says his daughter failed to properly start and use the Mazda CX-50 because Mazda changed the wording of the message beginning with 2017 model year vehicles. This is why the class action includes 2017-present vehicles.
By denying there are problems with the 2017-present Mazda vehicles, the automaker is supposedly transferring all the expenses onto customers. And those customers allegedly overpaid for defective vehicles which are not worth what they should be.
The judge previously allowed certain claims to move forward while dismissing other claims, but the court ruled the plaintiff could modify the dismissed claims and refile the class action lawsuit. However, Mazda argues the latest version of the class action is no better than before.
A huge allegation in the class action lawsuit is how in the past, Mazda formerly provided drivers with this message on the dashboard display: “To start, step on Brake Pedal and press Start Button.”
But since the 2017 model year, the dashboard message reads: “Depress Brake Pedal to Start Engine.”
The lawsuit says his daughter failed to properly start and use the Mazda CX-50 because Mazda changed the wording of the message.
According to Mazda:
“The plaintiff is claiming the automaker ‘no longer tells drivers how to properly start their vehicles, i.e., to press the brake and the start button simultaneously, and that it was this message and the lack of other indicators (except for an orange light on the Start button itself) informing a driver whether the engine is on that caused his daughter’s accident when she tried—but failed—to properly start the car by only pushing the Start Button.'”
And the automaker argues the plaintiff also claims Mazda knew “about this alleged design defect but did not tell him about it before he bought his car.”
In its motion to dismiss, Mazda argues the owner’s manual for the plaintiff’s vehicle provides the exact same instructions he claims Mazda omitted.
“The engine starts by pressing the push button start while depressing the brake pedal.” — 2024 Mazda CX-50 owner’s manual
While the plaintiff complains about the “Depress Brake Pedal to Start Engine” message and the orange light on the Start button, Mazda argues any reasonable driver would still hear and feel the start and stop of the engine. Mazda further argues the court does not have to allow allegations when they are against common sense.
“And as courts have explained, when a plaintiff knows how to use the vehicle properly but occasionally misuses it, consumer fraud claims based on alleged design defects asserting that the vehicle could have and should have been designed safer must fail.” — Mazda
The Mazda “Depress Brake Pedal to Start Vehicle” class action lawsuit was filed in the U.S. District Court for the Central District of California: Joshua Meltzer v. Mazda Motor of America, Inc., et al.
The plaintiff is represented by Berger Montague PC.