Samuel-Bassett v. Kia Motors America, Inc.

212 F.R.D. 271, 2002 U.S. Dist. LEXIS 24074, 2002 WL 31819647
CourtDistrict Court, E.D. Pennsylvania
DecidedDecember 13, 2002
DocketNo. CIV.A. 01-CV-0703
StatusPublished
Cited by8 cases

This text of 212 F.R.D. 271 (Samuel-Bassett v. Kia Motors America, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Samuel-Bassett v. Kia Motors America, Inc., 212 F.R.D. 271, 2002 U.S. Dist. LEXIS 24074, 2002 WL 31819647 (E.D. Pa. 2002).

Opinion

MEMORANDUM AND ORDER

JOYNER, District Judge.

By way of the motion which is now pending before this Court, Plaintiff, Shamell Samuel-Bassett, moves to certify this case as a class action. For the reasons which follow, the motion shall be granted.

Factual Background

Plaintiff filed this action in January, 2001 “on her own behalf and on behalf of all other persons similarly situated” for damages arising out of an allegedly defective brake system in the model year 2000 Kia Sephia automobile which she purchased from Bernicker Kia in Philadelphia, PA. Specifically, Plaintiff alleges that her car suffers from a braking defect which causes it to shudder, vibrate, make grinding and groaning noises upon application of the brakes and that it often is unable to stop. At least five attempts were made to repair Ms. Bassett’s Sephia within the first 17,000 miles by replacing the brake rotors and pads, apparently without lasting success. Although Plaintiff allegedly demanded timely rescission of her purchase of the vehicle from the defendant, her demand was refused.

By this action, Ms. Bassett seeks damages for the defendant’s violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1, et. seq. and the Magnuson-Moss Warranty Improvement Act, 15 U.S.C. § 2301, et. seq., and breaches of implied and express warranties. She further seeks to represent a class consisting “of all residents of Pennsylvania who purchased and/or leased Kia Sephia automobiles for personal, family or household purposes within six years preceding the filing of the Complaint in this action.”

[276]*276 Standards for Certification of Class Actions

The standards governing class action certifications are delineated in Fed. R.Civ.P. 23. In order to be certified, a class must satisfy all of the four requirements in Rule 23(a) and at least one of those set forth in Rule 23(b). See, Amchem Products, Inc. v. Windsor, 521 U.S. 591, 613-614, 117 S.Ct. 2231, 2245, 138 L.Ed.2d 689 (1997). Specifically, Rule 23(a) provides:

One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.

Rule 23(b) states:

An action may be maintained as a class action if the prerequisites of subdivision(a) are satisfied, and in addition:

(1) the prosecution of separate actions by or against individual members of the class would create a risk of
(A) inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class, or
(B) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; or
(2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or
(3) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: (A) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (B) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; (D) the difficulties likely to be encountered in the management of a class action.

A court’s consideration of whether class certification is appropriate under Rule 23 is not intended to be an inquiry into the merits of the plaintiffs claims; however, where the plaintiffs claims involve complex questions of fact and law, it may be necessary for a court to delve beyond the pleadings to determine whether the requirements of class certification are satisfied. Brooks v. Educators Mutual Life Insurance Company, Civ. No. 00-3860, 206 F.R.D. 96, 100-01 (E.D.Pa.2002), citing Newton v. Merrill Lynch, Pierce, Fen-ner & Smith, Inc., 259 F.3d 154, 166-67 (3d Cir.2001). It is the plaintiff, as the party seeking class certification, who has the burden of proving that the class should be certified. Freedman v. Arista Records, 137 F.R.D. 225, 227 (E.D.Pa.1991), citing Davis v. Romney, 490 F.2d 1360, 1366 (3d Cir. 1974). This fact notwithstanding, a plaintiff has no obligation to “prove” her case at this point; rather, the court’s resolution of the class motion is limited to ascertaining whether the requirements of Rule 23(a) and (b) are met. In re Ikon Office Solutions, Inc., 191 F.R.D. 457, 462 (E.D.Pa.2000).

1. Rule 23(a) Requirements.

While the four prerequisites of Rule 23(a) overlap, there is a conceptual distinction between the first two prerequisites— commonality and numerosity, which evaluate the sufficiency of the class itself, and the last two prerequisites — typicality and adequacy of representation, which evaluate the sufficiency of the named class representatives. Thomas v. SmithKline Beecham Corp., 201 [277]*277F.R.D. 386, 391 (E.D.Pa.2001). The concepts of commonality and typicality are broadly defined and tend to merge. Barnes v. American Tobacco Co., 161 F.3d 127, 141 (3d Cir.1998), citing Baby Neal v. Casey, 43 F.3d 48, 56 (3d Cir.1994). The typicality requirement is designed to align the interests of the class and the class representatives so that the latter will work to benefit the entire class through the pursuit of their own goals. Id.

A. Numerosity

As noted, Rule 23(a) first requires that a potential class “be so numerous that joinder of all members is impracticable.” Fed.R.Civ.P. 12(a)(1). In undertaking this inquiry, the court is to be guided by common sense. Thomas v. SmithKline, swpra.

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Bluebook (online)
212 F.R.D. 271, 2002 U.S. Dist. LEXIS 24074, 2002 WL 31819647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/samuel-bassett-v-kia-motors-america-inc-paed-2002.