American Suzuki Motor Corp. v. Superior Court

American Suzuki Motor Corp. v. Superior Court (1995) 37 Cal. App. 4th 1291, 1293 44 Cal. Rptr. 2d 526, was a class action with some similarities to the present case. There the plaintiffs alleged the design of the Samurai, a sport utility vehicle manufactured by defendant, " 'created an unacceptable risk of a deadly roll-over accident when driven under reasonably anticipated and foreseeable driving conditions . . . .' " Under the theory of breach of implied warranty the plaintiffs sought to recover for themselves and all other owners of the vehicle " 'the cost of repairing the inherent safety defect in the Samurai.' " The plaintiffs in American Suzuki did not allege they had suffered any property damage or personal injuries as a result of the alleged design defect but relied on the declaration of an expert who testified the Samurai had a rollover design defect which rendered it unsafe. The Court of Appeal granted defendant's petition for a writ of mandate decertifying the class.