A judge has denied Volkswagen’s motion to dismiss a regenerative braking lawsuit for Jetta Hybrid owners. Turns out VW can’t stop their cars or litigation – zing!

Plaintiff Peter Bryan Burra filed the Jetta Hybrid lawsuit alleging the “regenerative braking system” in his 2013 Jetta is defective and doesn’t predict how much time or distance he will need to make a safe stop.

According to Mr. Burra, the hybrid’s unpredictable stopping distances have led to two accidents. That’s something others owners have complained about too.

VW says “the plaintiff agreed to enter arbitration according to the sales contract concerning a dispute about the Jetta Hybrid” and that the case shouldn’t be heard in front of a jury. The judge, however, disagreed and will allow the case to move forward.