The Plaintiffs said that the Defendants failed to design, manufacture, and test recreational trailers manufactured by Weekend Warrior and equipped with Zieman frames adequately before selling them for use as recreational trailers for hauling all-terrain vehicles and other recreational “toys.” The Plaintiffs also said that the Defendants should have known that the trailers were improperly weighted toward the front, such that advertisements for the trailers significantly understated the actual tongue weight and the actual total weight of the trailers. In addition, the Plaintiffs said that the tires installed on the trailers were not strong enough to carry the trailer’s weight.
The Defendants deny the Plaintiffs' claims. The Defendants assert that Weekend Warrior trailers are properly designed and safe for use as recreational trailers. Weekend Warrior said that it did not misrepresent the tongue weight or total weight of the trailers. The Defendants said that Weekend Warrior trailers did not cause the damage claimed. Because Weekend Warrior believes the filing of this suit may cause concerns in certain customers and because Weekend Warrior continues to support its customers after sale, Weekend Warrior has agreed to provide the services identified in the official notice and in the detailed Settlement Agreement.
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The Court did not decide in favor of the Plaintiffs or the Defendants. Instead, both sides agreed to a settlement. That way, they avoid the risk and expense of a trial, and the people affected will get compensation sooner than they could have if the case went to trial. The Class Representatives and their attorneys think the settlement is best for all Class Members.
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In a class action, one or more people called “Class Representatives” (in this case, Joseph Giordano is one of the Class Representatives) sue on behalf of people who have similar claims. All these people together are a “Class” or “Class Members.” One court resolves the issues for all Class Members.
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The Court issued the notice because you have a right to know about a settlement in the class action lawsuit about Weekend Warrior trailers, and about all of your options. The settlement calls for payments to be made and/or repairs to be provided to people who send in valid Claim Forms.
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The Court has decided that everyone who fits this description is a Class Member:
All United States residents who were, are, or become owners of any Weekend Warrior trailer that was manufactured between January 1, 1998 and December 31, 2006 and equipped with a frame manufactured by Zieman or its affiliates. Excluded from the Class are: (i) all persons to the extent that they properly and timely opt out pursuant to the settlement agreement in this matter; and (ii) the judge to whom this action is assigned and any member of the judge’s immediate family.
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Excluded from the Class are: (a) claims for personal injury, wrongful death and emotional distress - if you believe you have such a claim or want to bring one, you may hire your own lawyer and pursue those claims in a separate lawsuit; (b) all persons or entities who submitted timely requests for exclusion from the Class; (c) the Defendants, any entity or division in which any of them have a controlling interest, and its/their legal representatives, officers, directors, assigns and successors; and (d) the judge to whom this case is assigned and any member of the judge’s immediate family.
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Yes. For purposes of this settlement, “dealer” means and refers to any entity or dealer that is or was engaged in the business of buying and/or selling Weekend Warrior trailers. Any dealer may participate in any aspect of the settlement that applies to that dealer, but no dealer's claim will be paid until the end of the claims period, after all other claims have been paid. The total amount available to pay dealer claims will not exceed $25,000. If the total amount required to fully fund all dealer claims is greater than $25,000, each dealer who made a qualified claim will be paid a pro rata portion of $25,000.
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If you are not sure whether you are included, you can get help by calling toll free 1-866-459-6003, or writing with questions to Weekend Warrior Trailer Settlement, Independent Claims Administrator, P.O. Box 9175, Dublin, OH 43017-4175, or by sending an email to
TrailerSettlement@gardencitygroup.com.
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Combined, the Defendants have agreed to make up to $5.532 million available as needed to pay valid claims under the settlement.
The settlement will pay valid claims for the following problems:
(1) Signature Harm to Weekend Warrior Trailers. Signature Harm includes: (a) damage to the Trailer frame, such as bending and torsion; and (b) damage to the Trailer coach, including warped siding and cargo areas that appeared to have resulted from any excessive weight. Class Members who currently have Signature Harm and Class members who paid to repair Signature Harm in the past may submit claims under this settlement. For an artist's rendering depicting Signature Harm, click here.
(2) Qualifying Harm to Towing Vehicles. Qualifying Harm to a Towing Vehicle for the purposes of this settlement is limited to (a) damage to the rear axle(s) sufficient to require repair or replacement of the axle itself, rear axle bearings, and/or the rear differential; (b) premature transmission damage due to excessive trailer weight; (c) premature wear to brakes due to excessive trailer weight; (d) damage to the bumper/receiver as a result of excessive tongue weight; and (e) blown tires due to excessive trailer weight;
(3) Hitch Assembly repair or replacement. The settlement will pay claims for repair or replacement of hitch assemblies, including weight distribution systems, used with the Trailers in instances where the hitch was repaired or replaced due to excessive weight of the Weekend Warrior Trailer;
(4) Replacement of Trailer tires. The settlement will reimburse class members for the cost of replacing qualifying Trailer tires that blew out under normal use conditions.
In addition, the settlement provides for structural reinforcement of the frame on any FS2600, FS2800, FS3000, or SuperLite model. This structural reinforcement is defined in the Settlement Agreement as the “Prophylactic Fix” and will be performed free of charge by Weekend Warrior on any FS2600, FS2800, FS3000, or SuperLite model at the Weekend Warrior repair facility in Southern California, in Sacramento, California or Maricopa County, Arizona. Please check back for updates regarding the dates and locations where the Prophylactic Fix will be installed.
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Yes. The settlement allows either Defendant to withdraw from the settlement up until the time that the settlement is approved by the Court and any appeals are complete. If Weekend Warrior withdraws from the settlement, the settlement will continue with Zieman as the only Defendant. If the settlement proceeds with Zieman only, the settlement will change in the following ways:
(1) The maximum funds available to pay claims will be reduced from $5,532,000 to $1,500,000.
(2) The maximum request and payment for attorneys’ fees, costs, and expenses will be reduced from
$1,700,000 to $450,000.
(3) Valid claims will be paid 25% of the total award available under the settlement as drafted with both
Defendants.
(4) Weekend Warrior will not provide repairs free of charge; and
(5) The Prophylactic Fix will not be available.
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We do not know how much your payment would be at this time. The amount of your payment will be based on whether you have sufficient proof to establish qualifying damage. How to get a payment is described below.
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The deadline to exclude yourself from the Settlement Class was January 18, 2008.
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Accidental damage to your trailer does not qualify for a payment from this settlement unless the claimed damage is Signature Harm and you can prove that the accident was caused by excessive trailer weight.
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If you would like the Prophylactic Fix and/or your Trailer has or had any of the issues described in the question, "What does the settlement provide?", you may fill out and mail in a valid Claim Form to ask for any of the benefits provided by the settlement. The Claim Form will ask you for information about your Weekend Warrior trailer and for proof of ownership and proof of the claimed problem or harm. Follow the instructions on the Claim Form closely.
- The deadline to submit a Claim Form for any issue related to your Towing Vehicle was August 3, 2008.
- You have until February 3, 2009 to send in a Claim Form for past or existing problems with your Trailer.
- The deadline to request the Prophylactic Fix be installed in Sacramento, CA or Maricopa County, AZ was June 3, 2008.
- You have until February 3, 2009 to request the Prophylactic Fix be installed in Southern California.
- You have until February 3, 2011 for all claims for trailer damages arising for the first time after receipt of the notice*
*Must Be Submitted Within 6 Months of the Damage
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The Court held a hearing on February 22, 2008 at 10:00 a.m. and approved the settlement. However, there may be appeals. Until any appeals are resolved, you will not be paid. Please be patient.
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The Court appointed the following law firms to represent you as Class Counsel: Lieff, Cabraser, Heimann & Bernstein, LLP, of San Francisco, CA and Herum Crabtree Brown, of Stockton, CA. You do not have to pay Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense to “appear” for you in Court.
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At the Fairness Hearing, the Court approved attorneys’ fees and costs of up to $1.7 million for their work on behalf of you and other Class Members. The attorneys’ fees and costs will be paid from the $5.532 million settlement fund. The costs to notify the Class and to administer the settlement, in an amount not to exceed $300,000, will also be paid from the $5.532 million settlement fund.
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The deadline to object to the Class Settlement was January 18, 2008.
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The Court held a Fairness Hearing at 10:00 a.m. on February 22, 2008 at the Orange County Superior Court, at 751 West Santa Ana Boulevard, California, in Department 104. At this hearing, the Court approved the settlement as fair, reasonable, and adequate.
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At the Fairness Hearing, Class Counsel asked the Court for payment of their fees and costs described above. The Court approved attorneys’ fees and costs of up to $1.7 million for their work on behalf of you and other Class Members. If either Defendant filed a motion for a “good faith bar” under the California Code of Civil Procedure §877.6, the Court considered that motion at the Fairness Hearing as well. A “good faith bar” means that the Defendants can’t be joined into lawsuits where others are sued about these claims.
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The Court held a Fairness Hearing in this case on February 22, 2008, and approved the settlement.
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The deadline to submit your Notice of Intention to Appear was January 18, 2008.
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If you do nothing, and if you don’t file a Claim Form by the deadlines you will not get a payment or repair from this settlement. If you didn’t previously exclude yourself, you are legally bound and can’t sue either of the Defendants about the legal claims in this case.
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This website only summarizes the settlement. More details are in the Settlement Agreement that you may obtain on this website, by calling 1-866-459-6003, or by writing to the Independent Claims Administrator, Weekend Warrior Trailer Settlement, P.O. Box 9175, Dublin, OH 43017-4175.
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If you have questions, call toll free 1-866-459-6003, or write to the Independent Claims Administrator, Weekend Warrior Trailer Settlement, P.O. Box 9175, Dublin, OH 43017-4175, or send an email to TrailerSettlement@gardencitygroup.com.
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If your trailer is not listed within the models of the Settlement, please feel free to contact Weekend Warrior directly at 1-800-500-9914.
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Yes. Settlement Class members have the option to:
- Take their Trailer to Weekend Warrior’s factory repair facility for repairs (no charge if the Prophylactic Fix has not been installed and 50% discount if it has).
- Have the repair performed at a repair facility operated by Weekend Warrior that is conveniently located to them. Settlement Class members will be reimbursed at a maximum labor rate of $90 per hour and a maximum total charge, inclusive of parts and labor, of up to $800 if the Prophylactic Fix has not been installed and $500 if it has.
- Ship their trailer to Weekend Warrior for repairs. This option is only available if the Dealer estimates that repairs will cost more than $800 (including parts and labor); Settlement Class members will be reimbursed up to $800 for roundtrip shipping and the repair will be free.
Detailed Explanation from Settlement Agreement
Settlement Class members whose Trailers exhibit existing Signature Harm may, at their option:
| 1) |
Have the Signature Harm to the Trailer repaired at Weekend Warrior’s then existing factory repair facility at no charge; or |
| 2) |
Have the Signature Harm to the Trailer repaired at a repair facility operated by a Weekend Warrior Dealer that is conveniently located to the Settlement Class member. Repairs performed under this option will be covered as follows: |
| a. |
Weekend Warrior will ship the necessary parts for the repair to the Dealer at no charge to the Dealer or the Settlement Class member but the cost of said parts will count toward the cap of $800; |
| b. |
The Settlement Class member will be reimbursed for the Dealer’s labor charge at a maximum rate of $90 per hour, up to a maximum charge of $800, inclusive of parts and labor; |
| c. |
If the Dealer’s estimated parts and labor cost for the repairs exceeds $800, the Settlement Class member may, at his or her option: |
| i) |
Have the Dealer make the repairs and submit a claim for reimbursement from Weekend Warrior under subsections (a) and (b) above. Weekend Warrior will ship the parts required for the repair to the Dealer free of charge but the cost of said parts will count toward the cap of $800. The Settlement Class member may seek reimbursement of the actual amount paid for labor at a maximum rate of $90 per hour, up to a maximum total of $800, inclusive of parts and labor. The Settlement Class member will be solely responsible for any cost over and above $800; or |
| ii) |
Decline repairs by the Dealer, and arrange to ship the Trailer to Weekend Warrior, at Weekend Warrior’s expense up to a maximum round-trip shipping reimbursement of no more than $800 of the actual cost to ship, to have the repairs performed free of charge.
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No. The settlement provides for reimbursement of up to $800 in roundtrip shipping costs for shipping your trailer to a Weekend Warrior factory repair facility. To be eligible for this reimbursement, you must ship your trailer using a company that performs such long-distance vehicle shipping in the ordinary course of its business. You must also provide a receipt showing the cost of shipping along with your claim form in order to obtain reimbursement.
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Secondary Harm is depicted in the exhibits to the Settlement Agreement which is available for download on the Court Documents page of this website.
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Yes. To obtain reimbursement for repairs to existing Signature Harm, such repairs must be performed at an authorized Weekend Warrior dealer.
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