Sept. 28, 2015—Edward Kirby, a national law practice led by former U.S. Senator John Edwards and David Kirby, has filed a class action complaint against Volkswagen for fraudulent conduct on behalf of plaintiffs in North Carolina.
The complaint, which was filed on Wednesday, marks the first class action lawsuit against Volkswagen for fraudulent emissions testing in North Carolina. The case alleges that Volkswagen used software to cheat U.S. laws related to emissions from certain vehicles manufactured by the automaker. The complaint, filed by Edward Kirby and the firm, will partner with the Athens, Georgia law firm of Blasingame, Burch, Garrad & Ashley on the litigation.
“Volkswagen has admitted to deceptive tactics affecting EPA emission tests, and we intend to make sure that Volkswagen customers in North Carolina who’ve been affected, whose trust in the automaker was violated, have their voices heard and receive the restitution they deserve,” Edwards said.
The plaintiffs assert Volkswagen failed to disclose that certain “clean diesel” vehicles illegally violated Federal emission standards, resulting in monetary and property losses for plaintiffs. According to the Environmental Protection Agency (EPA), Volkswagen installed a deceptive software device that allowed automakers to cheat the systems. During normal operations, the illegal vehicles emit up to 40 times the legal amount of toxic nitrogen oxide (NOx). During emissions tests, the software detects testing and turns on emission controls, but only during the test.
The suit states that as a result, the vehicles emit NOx at levels up to 40 times the standard allowed under U.S. law. NOx can cause a wide variety of health problems including chest pain, coughing, throat irritation and congestion and can worsen conditions including bronchitis, emphysema and asthma.
The lead plaintiff in the suit, Donald Kevin Vinson of Highland, North Carolina, is bringing the action on behalf of all other current and former owners or lessees of the following 2.0-liter diesel automobiles:
VW Jetta (model years 2009-15)
VW Beetle (model years 2009-15)
VW Golf (model years 2009-15)
VW Passat (model years 2014-15)
Audi A3 (model years 2009-15)
Edwards Kirby is continuing to expand its suit against Volkswagen. Attorneys working on the Volkswagen litigation can be emailed.
