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Amended Dodge Journey Brake Defect Class Action Lawsuit Filed
By Sarah Pierce
An amended complaint has been filed following the dismissal of a class action lawsuit alleging that the brakes on 2009 and 2010 Dodge Journey SUVs are defective and that Chrysler should cover the repairs under warranty.
U.S. District Judge Esther Salas tossed the class action lawsuit in December after finding Chrysler did not breach its warranties and was not responsible to pay for the plaintiffs’ brake repairs because they fell outside the vehicle’s 12,000-mile warranty period.
In their third amended complaint, the plaintiffs clarified their theory that the entire braking system in the vehicles should be covered by Chrysler’s more extensive 3-year/36,000 mile warranty, not just the basic “wear-and-tear” items covered under the limited warranty, which include the vehicles’ brake rotors, pads and linings.
“The larger Braking System is covered through 36 months/36,000 miles because an automobile’s braking system consists of far more than just those wear items,” the amended class action lawsuit says. Therefore, it is Chrysler’s warranty obligation to actually repair the entire braking system, instead of simply offering customers a “band-aid” in the form of new pads and/or rotors that only temporarily mask the symptoms of the braking system defect, according to the complaint.
The symptoms of the alleged Dodge Journey brake defect include severe vibration in the steering wheel, violent shaking and grinding noises when the brakes are applied. This presents an unreasonable safety risk to consumers, in addition to unnecessary financial burdens due to repeated out-of-pocket repairs, plaintiffs say.
The new class action lawsuit also added a third plaintiff, Denise Shephard, who says she took her 2010 Dodge Journey into the dealership three times over a 2-year period to replace her brake pads and rotors. Shephard says she had to pay nearly $880 out of pocket after Chrysler refused to reimburse her for the repairs.
Shephard and plaintiffs Gabriella Tatum and Jamie Meyer are seeking to represent a nationwide class of all current and former owners and lessees of 2009 or 2010 Dodge Journeys who paid for a repair related to or stemming from the vehicle’s braking system. They also seek to represent several subclasses consisting of New Jersey and California owners and lessees.
The Dodge Journey Defective Brake Class Action Lawsuit case is Tatum et al. v. Chrysler Group LLC, Case No. 10-cv-4269, U.S. District Court for the District of New Jersey. The plaintiffs are represented by Seeger Weiss LLP, Carella Byrne Cecchi Olstein Brody & Agnello PC., Berk Law PLLC and Kimmel & Silverman, PC.
Updated March 15th, 2013
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56 thoughts onAmended Dodge Journey Brake Defect Class Action Lawsuit Filed
I am a owner of a 2016 Dodge Journey and have been changing brakes 3x per year. I purchased the high end line and still have issues. This case is on point with their brake issues. Amoung other issues; air bad light keeps going on, my engine is being replaced, seized while driving, and the driver side door control panel has been changed and needs to be changed yet again.
I purchased a 2015 Dodge Journey brand new. It’s been getting recalled notices every year. This year it’s been I have been having trouble with the coolant system. Dodge told me about it having a small leak problem during an oil change service earlier this year. They say they will have to charge me to fix it. I said that it’s another recall problem. I am sure that it’s been a big complaint from customers. Now Dodge is sending me offers to get a new vehicle from them.
I have had to replace my rotors seven times in seven years. It’s ridiculous. Plus I’ve had a lot of trouble with the key fob and starting the vehicle. I bought itgis car new in 2010 and have kept it because I’ve put so much money into it.
I am also having issues swith this braking system we are now at every 6 months changing rotors, pads and calipers. This is crazy, I have a 2010 dodge journey
Purchased 2010 Dodge Journey, and at 64000 miles, I had all my brakes lock up several times, causing them to smoke, and leaving me and my children stranded. After 4 weeks without my vehicle that I hadn’t even had for a year. No understanding was found by two different mechanic shops. I even had to have it towed over an hour away to dealership. I now occasionally have the lights come on, and traction control, and cruise control fail.