PHILADELPHIA, Dec. 5, 2011 (GLOBE NEWSWIRE) -- The law firm of Donovan Axler, LLC, is pleased and excited to announce that the Pennsylvania Supreme Court has affirmed the $5.6 million class action judgment against Kia Motors America for selling cars with defective brakes to Pennsylvania consumers. The high Court issued a 79 page decision on December 2, 2011 upholding the 2005 class action verdict but remanding to the trial court for recalculation the award of attorney's fees to be paid by Kia due to its class-wide breach of warranty and violation of the federal Magnuson-Moss Warranty Act.
The affirmance is a major victory for class action practitioners in one of the few class actions to be actually tried through verdict in Pennsylvania. The class of Pennsylvania purchasers of 1997-2000 Kia Sephia cars was represented by Michael Donovan of Donovan Axler, LLC, Alan Feldman and Edward Goldis of Feldman Shepherd Wohlgelernter Tanner Weinstock & Dodig and James Francis of Francis & Mailman, all located in Philadelphia. According to class counsel, there are 9,402 Pennsylvania class members who will share in the judgment.
Chief Justice Ron Castille wrote the 5-1 majority opinion for the Court, holding that "the trial court did not abuse its discretion in certifying the class" and that the "case properly proceeded to trial as a class action."
Michael Donovan said "The Supreme Court's decision fully vindicates the reasoning and approach utilized by the trial judge, the Superior Court and class counsel. We are gratified the Court rejected Kia's attempt to repudiate its warranties by engaging in scorched-earth litigation to deprive consumers of the contractual right to have good brakes on their cars. The case shows that corporate promises matter and will be enforced even in small-value cases that could not be litigated on an individual basis."
According to Alan Feldman, "the Court's decision is an affirmation that class actions can and should be tried in front of a jury, particularly where the trial judge has extensive experience and familiarity with class action trials." The trial judge in this case was Philadelphia Common Pleas Court Judge Mark I. Bernstein, who also presided over the wage and hour class action against Wal-Mart Stores, Inc., that was tried to verdict by Donovan.
"We anticipate asking for millions of dollars more in post-judgment interest and attorney fees once the case is returned to the trial court," Francis said.