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A class action lawsuit alleging that Dodge Dart vehicles contain an unresolved manual transmission clutch defect may not be certified because the proposed Class is not specific enough and the plaintiffs have not properly analyzed the damages, according to a California federal judge.
Lead plaintiffs accused Fiat Chrysler of failing to address problems with the clutch in the Dodge Dart manual transmission defect class action lawsuit.
According to the Dodge Dart class action, the clutch in the affected vehicles are defectively designed, leading to problems, including the “clutch pedal loses pressure, sticks to the floor, and fails to engage/disengage gears.”
The Dodge Dart manual transmission defect class action lawsuit claims that owners and lessees have experienced “stalling, failure to accelerate, and premature failure of the transmission’s components, including but not limited to, the clutch master cylinder and reservoir hose, clutch slave cylinder and release bearing, clutch disc, pressure plate, and flywheel” as a result of the defect.
However, U.S. District Court Judge Gonzalo P. Curiel says that the proposed Class is overly broad and the Fiat Chrysler class action lawsuit suffers from other defects.
Judge Curiel points out that the Dodge Dart manual transmission defect class action lawsuit relies on California state law, but seeks to represent a nationwide Class.
“Because plaintiffs have not met their initial burden of demonstrating that due process is satisfied for purposes of a nationwide class, they cannot demonstrate that common issues predominate over the different questions posed by each state’s law,” states the judge in the memorandum.
The judge also points out that the Dodge Dart manual transmission defect class action lawsuit seeks to represent both used and new car owners. Although used car owners would have had to purchase their Dodge Darts from authorized dealers, the FCA class action claims rely in part on a law that only covers the purchase of new items.
The Dodge Dart manual transmission defect class action lawsuit also does not calculate damages appropriately, said Judge Curiel. The plaintiffs have failed to consider the “difference in the value represented and the value actually received” in their Dodge Dart class action.
The Dodge Dart manual transmission class action lawsuit survived an earlier motion to dismiss by Fiat Chrysler. The car manufacturer argued that the plaintiffs incorrectly alleged multiple defects when the problems caused by one of the defects was supposedly covered by an extended warranty.
Judge Curiel dismissed one of the claims in the Dodge Dart class action lawsuit as a result, but refused to toss the entire case.
At issue in the Dodge Dart manual transmission defect class action lawsuit are 2013 to 2016 Dodge Darts with Fiat C635 transmissions.
The plaintiffs are represented by Jordan L. Lurie, Tarek H. Zohdy and Cody R. Padgett of Capstone Law APC.
The Dodge Manual Transmission Defect Class Action Lawsuit is Carlos Victorino & Adam Tavitian v. FCA US LLC, Case No. 3:16-cv-01617, in the U.S. District Court for the Southern District of California.
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4 thoughts onDodge Dart Manual Transmission Defect Lawsuit May Lose Certification
My trans went out 3 times
My son purchased a 2013 dart manual transmission with 13,000 miles on it. Now two years later, with only 41,000 miles on it the same thing has happen here. Has warranty but say it is not covered. Car max stayed if it happened in 30
Days after the sale the would have fix it, but no help now. Dodge say it not there problem and and a year out of manufacture warranty. Now the garage want 1400 dollars to fix it. What a mess!
My 2014 Dart GT has this transmission. I purchased the car used in 2016 with 44k miles. Within a few months the clutch pedal became soft and eventually “stuck to the floor”. It was repaired in April 2016 (as a “Courtesy” I was recently informed). They repaired it with a new master cylinder and associated hoses, but it was fixed using a new version of the same faulty, badly engineered part that caused the failure in the first place. It’s now failed for a second time, and my service advisor says it’s Out of Warranty, the first repair was done as a One Time Courtesy, and that I owe them $900 to put my car back together.
I see that the failure to certify this lawsuit in CA was because the complainant had no second “event”. I have that second event – the original repair has now failed, for the same reason.
My car is stuck at the dealership, and I have no vehicle.
The car is at Jacksonville CJD on Nursery Fields Rd.
I purchased the car at Jacksonville CJD on Atlantic.
Mine is stuck in my driveway for 6 months won’t even go in gear now