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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
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
56 thoughts onAmended Dodge Journey Brake Defect Class Action Lawsuit Filed
2009 dodge journey r/t owner here not only is the breaking system bad but the intermittent starts sick. I’ve read alot of Revis with people having the same problem with there car not starting. I replaced alternator, starter, battery and mechanic States they can’t find the problem but it keeps happening now there saying WIN module and key fob $800-$1000 this car is junk. I called Chrysler and they said no one had complained about the journey which is garbage and they couldn’t do anything. How do we get this to be on the national level and get this car recalled. ..Help please
As a Past Journey owner, I can only say get out and get out now. I had a 2009 Journey R/T AWD purchased new. After 5 years and 10 break replacements ( 10 sets of pads and 6 of rotors), we luckily Lemon Lawed our vehicle and are thankful everyday. There is a design flaw on these cars and Dodge/Chrysler knows this. I will never,ever purchase another Dodge car or truck. Good Luck to all of you and I feel your frustration and pain.
I wish all of you the best. I had a 2010 Dodge Journey and had the rotors/brakes replaced FIVE TIMES before it reached 12,000 miles. The dealership told me too bad and not to drive it in the rain or snow. (And I live in Michigan!). I took a huge $$ loss on the vehicle and traded it in for a Ford. Will never buy a Chrysler ever again. The dealership also told me good luck in trying to win a lemon law or class action over this. It was a horrible experience and I couldn’t stand having to take my car in every few months to have the brakes replaced. My time was worth more than the $$ loss on took on this horrible vehicle.
” I AM FED UP ” I have changed out my rotors and brakes five times . The last time was two months ago and car is shaking bad each time I stop.The brakes are grinding also. That dumb judge that threw out the case should go buy a journey or better yet I will sell him my piece of junk.
I have a 2010 Journey that I purchased used this past September not knowing about the braking issue. It had 33,000 miles on the car when purchased. Now at 39,000 when this ruling was made. Is there a way to get included in the 36,000 mile warranty?
I’m having problems yet again and this is crazy. I cannot keep paying to get this fixed! I would love to unload this but I still owe on it! If this was Toyota they would fix it! I just heard on the news last night that Toyota is fixing yet another problem on their cars but Dodge is no where to be found??
We own a 2009 Journey and have replaced brakes and/ or rotors on this car every 15,000 miles and it has just turned over 50,000 miles. Now the left front caliper has to be replaced because it is sticking.We would like the info on how to be listed on the class action suit.
I also would like information on the class action suit. I have a 2010 Dodge Journey.
How do I get in on this lawsuit? My 2009 Journey has had to have the rotors replaced about 4 times since I got in it 2010. I had tried before a year or two ago to get in on a lawsuit, and I was told that I didn’t qualify…. Not sure how I didn’t qualify since I had the issue that the lawsuit was about. Please let me know.
I would like to be included in this suit. I am requesting more information. I currently own a 2009 dodge journey and to date have dumped over 1000 dollars into brake pads and rotors. We have had them “fixed” more then 4 times and was told by pep boys that there is a default in the system which is why the pads and rotors are being worn so quickly. I have documentation to prove ALL OF THIS including receipts and dates. Please get back to me.
Hi Heather: Did you ever hear from someone on this request? I just came accross this website dealing with my crappy Dodge Journey.