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Plainfield, Connecticut Teacher Sues Volkswagen Over "Clean Diesel" Cars

The suit seeks a recall or free replacement program, and both compensatory and punitive damages.

A schoolteacher is believed to be the first person in Connecticut to sue Volkswagen over its admission that it rigged its diesel cars to cheat emissions tests. 

The lawsuit, filed by Plainfield resident Drew Mizak, seeks class action status on behalf of others who bought Volkswagen cars believing them to be clean and fuel efficient.

His attorney, Cody Guarnieri, said Mizak is a sophisticated car buyer who has very strong feelings about VW’s actions.

"He felt betrayed," said Guarnieri. "This is the number one car seller in the world, and they were marketing these cars as being extremely efficient, clean diesel technology, the world's cleanest diesel engines. And the reality was, they're just not. I mean, the people were ultimately sold a fiction."

Mizak had bought two Volkswagen cars -- a Jetta in 2009 and a Passat in 2014 -- both purchased because they were advertised as fuel efficient and environmentally friendly.

Volkswagen’s CEO, Martin Winterkorn admitted on September 20 that the company’s clean diesel cars were equipped with software that could cheat emissions tests. In fact, the cars were emitting 40 times the legal limit of some pollutants.

Guarnieri said the suit seeks a recall or free replacement program, and both compensatory and punitive damages. "People actually paid a considerable premium: $1,000 to up to $7,000 more than the comparably equipped gasoline version of the same model cars. So there's a considerable economic loss there," he said.

Guarnieri also contends that the cars have been rendered essentially useless. They don't comply with federal emissions standards. If they undergo the fix so they can comply, they won't be the same economical, fuel efficient cars that were advertised.

The suit is one of more than 40 that have so far been filed across the country against Volkswagen. It's likely to get consolidated with other, similar class action suits.

Harriet Jones is Managing Editor for Connecticut Public Radio, overseeing the coverage of daily stories from our busy newsroom.

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