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Ysbrand v. DaimlerChrysler Corp.2/25/2003
s, merely parrot unsupported assertions made by Plaintiffs' counsel concerning counsels' experience and success in litigation when they drafted the class certification order for the judge's signature. The trial court based its conclusion that counsel was competent to prosecute the claims on counsels' curriculum vitae and on the fact that some of the counsel had litigated class actions in that court. The trial court did not abuse its discretion in determining that the class representatives and their counsel are adequate to protect the interests of the class.
CONCLUSION
This Court's review of the decision to certify this matter as a class action reveals no abuse of discretion as to the warranty claims. Common questions of law and fact predominate, class action presents a superior method for adjudicating the common issues, and the representative parties and their counsel are adequate to protect the interests of the class. This Court expresses no opinion as to the merits of any of the remaining claims and defenses asserted.
AFFIRMED IN PART; REVERSED IN PART.
Opala, V.C.J., Hodges, Lavender, Kauger, Summers, Boudreau, JJ., concur.
Watt, C.J., Hargrave, J., concur in part; dissent in part.
Winchester, J., dissents.
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