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A Kia Niro hybrid and Hyundai Ioniq hybrid class action lawsuit is moving forward in court after a federal judge refused to dismiss the case that alleges the hydraulic clutch actuators are defective.
The Kia and Hyundai class action lawsuit involves 2017-2022 Kia Niro hybrids, 2018-2022 Kia Niro plug-in hybrids and 2017-2022 Hyundai Ioniq hybrids.
According to the lawsuit, the hydraulic clutch actuators control when the vehicles switch between the combustion engines and electric motor power.
In 2023, Kia recalled 2017-2022 Kia Niro and 2018-2022 Kia Niro plug-in hybrid vehicles due to hydraulic clutch actuator problems. The Kia Niro hybrid recall included about 121,000 vehicles at risk of fires if fluid leaked into the hydraulic clutch actuator printed circuit boards.
However, documents related to the Kia Niro recall said only about 1% of the hybrid vehicles may have been affected by the clutch actuator problems. And Kia had not received any reports of fires.
Kia dealers were told to install new fuses to mitigate the risk of a fire caused by an electrical short circuit and to replace the hydraulic clutch actuators if necessary.
The two customers who filed the class action insist the Kia Niro hybrid recall failed, although neither plaintiff says their vehicle had any hydraulic clutch actuator problems. In addition, one plaintiff owns a 2019 Hyundai Ioniq which was not included in the recall.
However, both plaintiffs complain they are forced to drive dangerous and unreliable vehicles.
Hyundai/Kia Hydraulic Clutch Actuator Lawsuit Partly Dismissed
Judge Dolly M. Gee did not dismiss claims for violations of consumer protection claims under Massachusetts and Georgia law. And she also allowed product liability and breach of warranty claims to proceed.
The judge also ruled against Hyundai after the automaker filed a motion to compel arbitration regarding one plaintiff.
However, the judge did dismiss California claims against Hyundai and Kia as well as unjust enrichment claims against the automakers.
The Hyundai and Kia hydraulic clutch actuator lawsuit was filed in the U.S. District Court for the Central District of California: Amy Doucette, et al., v. Kia America, Inc., et al.
The plaintiffs are represented by Lenze Lawyers, PLC, Fegan Scott LLC, and Shindler, Anderson, Goplerud & Weese PC.