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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
The best thing I can tell you all is to google all about the CAR,SUV, or TRUCK before you buy it because I have been through this with all the automakers
I would like to be part of this as well. I have a 2010 journey
how do i get included in this, i have had issues with mail, may have not gotten a letter if one was mailed.
I have a Dodge Journey 2009 and have put brake pad and rotors on it 5 times in 108,000 miles; now I need them again …..I hate the brakes on this car…I have spent way more money on this than should have been reasonable repairs….Please advise! how do I get signed up to be part of this lawsuit?
I have a 2010 Dodge Journey and have only 32K miles on it. I had to get the front & back rotors and pads replaced. I think that is ridiculous for a brand new car with only 32K miles on it. To top that off my truck has been shaking uncontrollable as if that truck is going to fall apart. It has happened on 4 different occasions from June 2013 to October 2013. It has been in the shop twice and they can’t figure out what’s going on with it. I am so thankful that I’m leasing and only have 2 car payments left as I am going to turn this truck in and not look back.
Has any of these suits been completed? My Journey is getting ready to need it’s 3rd set of brakes at 46K miles. Is there an aftermarket fix for this to avoid the criminals at the dealership?
My 2010 dodge journey has been in 3 times now for brake issues original owner replaced front brake pads and then I had to do front pads and rotors at 30,000 miles but only after given the run around and it took 5 days to fix it. Now the back brakes are gone at 35,000 miles.
Took our 2010 Dodge Journey in again! for a shaking steering wheel! I was told (without anyone inspecting anything at this point!) that I probably need new front rotars as it sounds like they are warped. Gee, this must happent a lot if they were able to ‘predict’ this without doing an inspection. I feel like I have to bring in this vehicle every 6 months for new brakes and/or rotars. I will be checking my records once I get home.
So out of my frustration, I googled the issue and low & behold what do I find: I am not the only one who is having the same problem. I just don’t understand why Chrysler is not dealing with this issue and not just putting a bandaid solution of extending the warranty?!?!? If there is an design issue, then redesign and recall. Won’t that save you money then having to pay for the replacement costs over an longer period of time.
If I can be included in this law suit, I am all for it!
My husband and I own a 2010 Dodge Journey and have had nothing but problems w/ the braking system. My husband got so frustrated that prior to our leaving for our summer vacation (late July) in New Englad (from Northeastern Ohio) he changed the rotors and brake pads himself. Here it is early September (let’s say 6 wks later) and whenever I brake when traveling at a higher rate of speed (highway to work) the whole front end shimmys and shakes-IT’S SCARY!!!! Count us in…I have told my husband that I never feel truly safe when driving the car and I have 3 children under the age of eleven to worry about and often times their friendsas well. Feel free to contact either me (Maureen @330-807-1153 or my husband Ron @ 330-8072606)
Well I just spend my first $600 on the rear brakes, the mechanic told the front rotors are warped. Yeah, I knew that because any hard braking caused the front end to shake and shudder. The sad part about the dealer service rep lied like a carpet. Just after purchasing the 2010 Journey I went to them with the problems and guess what there is nothing wrong. Funny how the problems manifested themselves after the warranty time expired.