— A BMW sunroof drain clog lawsuit may be nearing an end as a federal judge tossed all but one claim made by the plaintiff.
The drain tube lawsuit was filed by BMW owner George Catalano, who alleges millions of cars have a defect that allows the sunroof drain tubes to clog and send water into the trunk, damaging sensitive electrical components.
Catalano claims he was driving his was driving his 2007 BMW 530xi when he received a warning of complete electrical failure before the BMW shut down on a busy highway. He found two inches of water in the trunk where the spare tire is located, and the water had entered the area from clogged sunroof drain tubes.
Paying about $2,000 to fix the electronics that were damaged by water, the plaintiff filed the lawsuit because the car allegedly should have been covered under the certified pre-owned warranty.
Catalano says BMW either knew or should have known about the sunroof drain tubes and how clogs could send water into the trunk area. Additionally, the plaintiff says BMW should have never installed sensitive electrical gear where water could cause damage.
Catalano alleges BMW knew locating important and sensitive electrical components in the trunk could cause failure of the components due to water intrusion.
Judge Katherine B. Forrest dismissed all but one claim made by the plaintiff and said the other claims were dismissed based on a failure to show evidence for the claims and based on the statute of limitations.
The judge said there is nothing in the lawsuit to prove defects were caused by problems with BMW's manufacturing process. Without that proof, any claim of a manufacturing defect wasn't sufficient to show failures of express warranty claims.
Although the plaintiff hasn't requested to amend the complaint, the judge said she will allow it concerning the claim against BMW of false concealment. It doesn't mean the judge will grant the claim even if the lawsuit is amended, but she did tell Catalano the claim would be a "relatively close call.”
The BMW sunroof drain clog lawsuit was filed in the U.S. District Court for the Southern District of New York - George Catalano v. BMW of North America LLC.
The plaintiff is represented by the Law Office of Robert L. Starr, Kershaw, Cutter & Ratinoff LLP, Wexler Wallace LLP, the Law Offices of Stephen M. Harris, P.C., and the Law Offices of Joseph R. Santoli.
