Little v. Kia Motors America Inc., A-0407-11T3; Appellate Division; opinion by Waugh, J.A.D.; decided and approved for publication April 2, 2012. Before Judges Cuff, Lihotz, and Waugh. On appeal from the Law Division, Union County, L-0800-01. [Sat below: Judge Chrystal.] DDS No. 09-2-5747 [16 pp.]
In 2001, plaintiff Regina Little sued Kia Motors America Inc., alleging the Kia Sephia she purchased was defective because its design caused repetitive, premature wear of its brakes and brake rotors. Plaintiff’s claims included violation of the New Jersey Consumer Fraud Act (CFA), breach of implied warranties of merchantability and an express warranty that the Sephia was free of defects, and violation of the Magnuson-Moss Warranty Improvement Act. Plaintiff sought, and was granted, certification of her complaint as a class action.