Where the purchaser of a treadmill alleged that manufacturers made false representations about the treadmills’ horsepower, her Virginia warranty and fraud claims survived their motions to dismiss.
Background
This is a putative class action brought by Wendy Prince, on behalf of herself and similarly situated purchasers of Horizon Fitness treadmills. The amended class action complaint alleges that the treadmills are incapable of reaching and maintaining Horizon’s continuous horsepower representations during normal designed household exercise use. Defendants Johnson Health Tech Trading Inc., Johnson Health Tech Retail Inc. and Johnson Health Tech Inc. move to dismiss for failure to state a claim and lack of subject matter jurisdiction.
Standing
Johnson Health argues that plaintiff does not have standing to assert claims related to treadmills she did not purchase. Plaintiff only bought one model of treadmill—the Horizon 7.8 AT Treadmill—but she seeks to expand her claims to encompass all Horizon treadmills. In similar treadmill cases, courts have followed the majority approach and found that treadmill models are substantially similar for horsepower misrepresentation claims.
Also, a recent case from North Carolina, Hill v. AQ Textiles LLC, 582 F. Supp. 3d 297 (M.D.N.C. 2022), suggests that the Fourth Circuit would follow the majority approach. The court agrees with the analysis in Hill that the Fourth Circuit is likely to follow the majority approach to this issue. Therefore,...
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