Refrigerator Defect Lawsuit Will Continue, Judge Tells LG

LG Electronics attempted to dismiss a lawsuit over its allegedly defective refrigerators last Tuesday, but failed when a California judge ruled that the suit could continue. U.S. District Judge Jeffrey T. Miller heard LG’s arguments that the lawsuit should be denied because the class was unascertainable, but denied the company’s motion. The suit was filed over allegations that LG knowingly sold refrigerators with a programming defect that can cause food to spoil.

Judge Miller rejected the company’s logic as contrary to common sense.

The suit was filed by Jeanette Clark last year after she purchased an LG refrigerator in October 2011 that included a cooling system. The system, intended to keep food fresh, came with a warranty for materials and repair work. According to Clark, the control panel to the smart cooling system is defective in that it causes the system to shut down, allowing food in the fridge and freezer compartments to defrost and condensation to build. This, she claims, causes food to spoil.

LG argued that the class as identified by Clark included many members who had never experienced problems with their refrigerators, and therefore had no reason to take legal action. Judge Miller, however, ruled that it was too early in the case for a motion to strike the class claims.

He also rejected LG’s argument that Clark had not shown that the company knew about the defects and failed to disclose this information. While LG argued Clark has never stated that she’s seen advertisements that might have revealed the defects, Judge Miller rejected the company’s logic as contrary to ‘common sense.’

The same complaint was initially tossed last June after Clark filed a fraud-based lawsuit that Judge Miller said failed to define a class. The case LG asked to be dismissed is an amended suit, filed a month later.

The case is Clark v. LG Electronics USA Inc. et al., case number 3:13-cv-00485, in the U.S. District Court for the Southern District of California.