Plaintiffs Push to Keep Dodge Ram Steering Defect Class Action Going

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Plaintiffs in a Dodge Ram steering defect class action lawsuit shot back at Chrysler Group’s motion to dismiss, noting that the company allegedly concealed the issues regarding the potential for steering system failure and that the latent defect was therefore an issue from the time that buyers purchased the vehicle.

The car maker had argued that because the vehicles were driven for thousands of miles that the company had satisfied its three-year, 36,000 mile warranty and that as a result the plaintiffs’ claims in the class action lawsuit were time-barred.

However in their opposition document, the plaintiffs argue that Chrysler Group breached both express and implied warranties of merchantability because the steering defect regarding faulty tie rods was present at the time of purchase. As a result, and pursuant to California case law, the fact that the vehicles were drivable prior to the filing of a class action lawsuit does not mean that they were fit for that purpose, according to the opposition motion.

The plaintiffs rely on several cases, including the spate of Toyota unintended acceleration class action lawsuits, indicating that a manufacturer has a duty to both inform customers of any potential issues of which it is aware as well as provide any necessary repairs. Instead, the plaintiffs claim that Chrysler Group not only failed to do so during the warranty period, putting drivers of the Dodge Ram pickups in question at risk for serious crashes, but also failed to adequately remedy the problem.

They point to both the number of recalls issued regarding the class of vehicles indicating, according to their allegations, the continued ineffective nature of replacement tie rods and other parts. They also point to a new investigation begun by the National Highway Traffic Safety Administration on Oct. 21 in regard to the more than 1000 complaints regarding the ongoing Dodge Ram steering defect.

The plaintiffs sum up by arguing that Chrysler Group was clearly aware of the problem as a result of the recalls, and has failed to adequately provide a reasonable remedy for consumers in the form of repairs that limit the potential effect of a steering system failure on the road.

The plaintiffs are represented by  Janine D. Arno, Elizabeth A. Shonson, Stuart A. Davidson and Mark J. Dearman of Robbins Geller Rudman and Dowd LLP; Steven L. Marchbanks of Premier Legal Center APC; and 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: The California Dodge Ram steering defect class action settlement is now open. Click here for information.