Vermont Business Magazine Vermont Volkswagen car owners headed by Charlotte resident Robert Turnau have sued Volkswagen companies in Germany and the United States over damages they suffered as a result of the company’s falsification of emissions testing equipment. The suit was filed today in Chittenden Superior Court by former federal prosecutor Tristram J Coffin of the firm Downs Rachlin Martin PLLC (See Complaint below).
“Vermonters who bought these cars were led to believe that not only were they taking advantage of clean-burning low sulfur diesel being used in a very efficient diesel engine, but also that the car’s emissions profile was better than gasoline-powered cars and met or exceeded all federal standards,” Coffin said. “It turns out to be a hoax. Now, these owners face lost value, unknown repairs, the disruption of a massive recall, and the substantial cost and hassle of owning a lemon because of a decision they made when they tried to do the right thing for the environment.”
This week the Volkswagen company admitted to federal officials that it had installed software in its cars that would intentionally provide false information to technicians during emissions tests. The software was installed in up to 11 million vehicles worldwide. The suit alleges that the companies violated Vermont’s Consumer Protection Act by knowingly selling cars that would fail to meet emissions standards if properly tested, and that the company intentionally designed and installed software that would change the way the engine performed only when it was being tested.
Members of the class include all Vermonters who bought or owned diesel-powered Volkswagen Jetta, Golf, Passat or Audi A3 automobiles with model years from 2008 to the present. Potential parties number in the thousands. They allege that buyers paid a higher price for the vehicles as compared to gasoline powered vehicles, in part because of company claims about lower emissions. Likewise, the value of the cars is lower because of the deception, and owners face unknown challenges in bringing the cars into compliance with federal regulations.
In bringing the suit, Coffin heads a litigation team at DRM that will also include DRM Directors Robert B. Luce and Marc B. Heath. All are veteran litigators in state and federal court. Before joining DRM, Coffin spent more than 15 years in the U.S. Attorney’s Office for the District of Vermont, including the last five years as chief prosecutor. He dealt with matters that included fraud, organized crime, drug smuggling, child exploitation, internet crime and financial crime. Luce, who chairs DRM’s Litigation Practice group, has practiced commercial litigation since joining the firm more than 30 years ago. Heath has successfully handled more than 65 jury and bench trials in both state and federal courts since joining the firm in 1981.
Persons wishing to join the class should send contact information to [email protected].
Source: DRM 9.23.2015