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Chrysler is seeking dismissal of a putative Dodge Ram steering defect class action lawsuit, arguing that, among many other issues, many of the trucks owned by the plaintiffs were fixed under previous recalls.
Further, the auto maker alleges that all of the plaintiffs’ express warranty claims should fail because the issues with the tie rod ball stud occurred outside of the company’s standard three-year, 36,000-mile warranty. According to case law cited in the motion to dismiss the Dodge Ram class action lawsuit, a warranty like that offered to truck owners does not imply that it will come without a defect, merely that the company will repair it.
The auto maker also alleges that at least two of the plaintiffs’ implied warranty claims should be void in the Dodge Ram steering defect lawsuit because they either bought their pickup trucks secondhand or filed the class action lawsuit more than four years after the purchase, subjecting it to the statute of limitations regarding such claims.
Since the same information is used for both the above claims as well as the violation of the Magnuson-Moss Warranty Act, Chrysler’s defense team argues that the judge should dismiss those counts from the class action lawsuit as well. A lack of particularity regarding negligent misrepresentation would doom the rest of the claims, the motor company argues.
In the original Dodge Ram steering defect lawsuit, the class action lawsuit attorneys alleged that Chrysler produced the Dodge Ram pickup trucks with a tie rod ball stud that could become deformed leading to a loss of steering and general control of the vehicle and had already led to accidents. While the plaintiffs agree that the recalls existed, some say the problem still exists and that the latest recall does not include enough parts for the dealerships to perform repairs.
It is unclear whether or not the newest recall will also be able to actually finish the issues because the previous efforts by Chrysler have failed to do so, according to the Dodge Ram steering defect class action lawsuit.
The plaintiffs are represented by class action lawsuit attorneys Steven L. Marchbanks of Premier Legal Center APC and by Robert G. Loewy of the Law Office of Robert G. Loewy PC.
The Dodge Ram Steering Defect Class Action Lawsuit is Shaun Sater, et al. v. Chrysler Group LLC, Case No. 14-cv-00700, in the U.S. District Court for the Central District of California.
UPDATE: On March 20, 2017, a California federal judge indicated that she would preliminarily approve a proposed $3.1 million class action settlement over an alleged Dodge Ram steering defect, but asked that claimants be granted 180 days to cash their checks instead of the proposed 60-day check cashing period.
UPDATE 2: The California Dodge Ram steering defect class action settlement is now open. Click here for information.Â
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3 thoughts onChrysler Hits Back at Dodge Ram Steering Defect Class Action Lawsuit
You should be investigating all the way down to 98.5 dodge rams. Sad that these older models that are still valued at 10,000 can’t stay in a straight line or keep from destroying tires. Ball joints on mine 6 times full drag links 5 times with gear box and pitman arm and wheel hubs 5 times. 1000 per job for ball joints, 775 for drag links.
UPDATE 2: The California Dodge Ram steering defect class action settlement is now open. Click here for information.Â
UPDATE: On March 20, 2017, a California federal judge indicated that she would preliminarily approve a proposed $3.1 million class action settlement over an alleged Dodge Ram steering defect, but asked that claimants be granted 180 days to cash their checks instead of the proposed 60-day check cashing period.