Los Angeles, CAA class-action lawsuit over
Chrysler Dodge Ram Recalls alleging defective steering should be dismissed, the defendant claims, because Chrysler’s efforts to undertake ongoing recalls answers and therefore negates any claims over defective products alleged in the putative class action.
This, in spite of many plaintiffs alleging they have had to wait months, after a recall has been announced, for parts to become available - amongst other claims.
According to court records, the putative class action was filed this past April and alleges defective products - specifically defective tie rods, which are an integral part of the vehicle’s steering mechanism. The plaintiffs assert that Dodge Ram trucks built between 2008 and 2012 are plagued with excessive shimmy caused when a tie rod loosens. The shimmy has been popularly dubbed the Dodge Ram “death wobble” due to excessive vibration that allegedly reduces the capacity for a driver to adequately control the vehicle at higher speeds.
The Chrysler Dodge Ram Recalls lawsuit further alleges that the excessive shimmy can begin when one of the front tires encounters a groove or bump in the road, triggering a vibration that can only be controlled when the vehicle is brought to a complete stop. There have been reports of injuries and even deaths alleged to have been caused by the problem.
Specifically, according to the lawsuit, the tie rod ball stud in those models affected is not strong enough to withstand the rigors of normal use, and can fracture under normal driving conditions - a far cry from the rugged use depicted in marketing campaigns.
“The weakness is exacerbated by the defective design of the cross car steering linkage system, which allows contact between the ball stud and the ball housing, thereby weakening the stud,” the complaint said.
Chrysler responded with a defective steering-system tie rods recall. The company also reportedly offered to reimburse owners of defective Dodge Ram trucks for having to repair their vehicles themselves. Dodge Ram vehicles are favored by contractors and farmers for agricultural and industrial work, and the truck becomes an integral part of their operation. Dodge Ram trucks, in fact, are marketed with that thought in mind - a rugged brand for the hard-working American who needs a truck as tough as he or she is…
However, according to the lawsuit, plaintiffs claim they have not been reimbursed either for repairs of the tie rod system or resulting damage to the vehicle stemming from the alleged failure. Plaintiffs also claim that Chrysler has failed to reimburse them for loss of use.
Plaintiffs claim they have been unsuccessful in scheduling appointments with their respective dealers to have the tie rods repaired or replaced. The Dodge Ram defective automotive recall was announced in 2011, following testing of the allegedly defective vehicles in response to reports of the now-infamous Dodge Ram “death wobble.”
Undaunted, Chrysler has moved to have the putative class-action lawsuit tossed out on grounds that the automaker has offered appropriate relief that moots any claims in the class action. Chrysler also claims that there are various legal deficiencies in the lawsuit involving warranty, fraud and negligence claims.
The case is
Shaun Sater et al. v. Chrysler Group LLC, Case No. 5:14-cv-00700, US District Court for the Central District of California.
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