— A Honda "phantom braking" trial is over after a jury reached a verdict in favor of Honda.
The original "Honda Sensing" class action lawsuit was filed eight years ago and included alleged defects in the Collision Mitigation Braking, Road Departure Mitigation, Adaptive Cruise Control with Low-Speed Follow, and Lane Keeping Assist systems.
Multiple class actions were filed and consolidated into Cadena, et al., v. American Honda.
But by the time the class action lawsuit reached trial, the case involved only the Collision Mitigation Braking Systems in 2017-2019 Honda CR-V and 2018-2020 Honda Accord vehicles. The lawsuit also included only certain states as nationwide claims had been previously dismissed.
According to the plaintiffs, the Collision Mitigation Braking (automatic emergency braking) system can activate without any forward objects in the path of a Honda vehicle.
Honda emphasized the collision mitigation braking is to assist a driver and isn't perfect because perfect is not possible. And Honda argued just because the braking system sometimes has problems does not mean it's legally defective.
The automaker told the jury a non-perfect system still can help prevent rear-end collisions. Additionally, the owner's manuals clearly warn customers of numerous limitations of the automatic braking systems. (See page 514 of the CMBS Conditions and Limitations)
In testimony from one plaintiff, Honda noted how the plaintiff sued Honda because Honda did not warn him about an alleged Honda Sensing defect in his 2018 Honda Accord. He then sold the Accord to CarMax. But when he sold the vehicle to CarMax, the plaintiff didn't warn CarMax about this supposed dangerous defect and didn't tell CarMax he had sued Honda.
Other owners complained the phantom braking caused them to stop driving their vehicles even though the systems can be disabled with a push of a button.
Honda told CarComplaints.com:
"American Honda is committed to the safety and satisfaction of our customers, and we applaud the jury’s decision. During the trial, clear evidence was presented that the allegations in this lawsuit did not reflect the common real-world performance of the Collision Mitigation Braking System (CMBS) in Honda vehicles, and this result is consistent with those facts."
The Honda phantom braking lawsuit was filed in the U.S. District Court for the Central District of California: Kathleen A. Cadena, et al., v. American Honda Motor Co., Inc., Case No. CV 18-4007-MWF (MAAx).
The plaintiffs are represented by Gibbs Law Group LLP, and Greenstone Law APC.
