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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
I would like to be included in this class action suit. Sam
I bought my 09 journey In September of 08I have had nothing but problems with my brakes.First set was done at about 25,000 kilometersNumber 2 at 50,000 And the third one at 82,000.. The last one I also had to do the rotors It’s ridiculous If it’s not too late Let me know how to get in on this Thanks
I guess I am late for the party! I have a 2010 Dodge Journey; the shaking is ridiculous. We hate this car!!! I believe after partly acquiring Chrysler in 2009, Fiat built these cars by cutting corners for bigger profits. As a positive spin, I have learned how to change brakes on this crappy car to save some money. Is it just me or does this car constantly vibrate at higher speed?
It is amazing to read all these customers (owners of 2009-10 dodge Journeys) so frustrated and unsatisfied with their purchase. My husband and I are experiencing the same issue with our 2010 dodge Journey. We have had the brakes replaced and replaced, so constant money is going to this problem. Constant squealing and grinding once new pads and rotators are attached. It is a crying shame that dodge doesn’t recall the entire 2009-2010 Journey collection. What a sad business practice. Where is their honor in there product and professionalism for Business. Really wish the Automotive industry cared a lot more for the lives of those kids and families driving in their faulty product. Having a brake issue is beyond serious, it is a mandatory requirement in order to sell a car. Tell me what car industry you know that sells cars with NO brakes?
I have a 2010 Dodge journey nothing but problems with the brake pads and rotors warping replaced pads and rotors 3x in 40k and put aftermarkets on and ive been good for 30k since.
2010 Journey–My brakes were clicking VERY loud and did not work when cold two days ago. The dealership checked the vehicle and said all brake parts, including the pads, are fine!! I am afraid to drive it, and I told them so. I was told that no one else has this problem and they had no brake problems when they drove my car. SERIOUSLY???
Is this only in the US.. I have a 2010 Journey and have had break issues the past 4 years. And now I have a squealing noise from the back at random times. Completely frustrated with dodge and I can’t wait to move on to a more reliable car..
I own a 2009 dodge journey and am having the same problem. I had to replace all four rotors and pads last month for a total of 875.00 and now they are squeaking again and the car is shaking when you hit brakes after 50 mph. I bought the car from a dealer second hand and I believe the brakes and rotors were replaced not to long ago. I would like to be part of the class action suit.
I rarely use my car. This is my fifth year and have only put 40,000 miles. I have had to replace both front and back brakes and rotors for $800. Would like information.
Thanks
I would like to be contacted to be included in this lawsuit. I bought a 2009 Dodge Journey – used, 42K miles- just over a year ago. I have had brakes/rotors replaced 2x in one year. I have had to have crack in coolant tank repaired, rack and pinion replaced. Dealership has NEVER been able to get rid of squeeking or shaking, say when they drive it its fine. Multiple times I try to start the vehicle and it wont until several attempts and much time passing. Now, car has been in the shop for a week and am being told the transfer case needs replaced. So many issues and all of these are common complaints on this vehicle. Yet Dodge/Chrysler will not stand behind their vehicle and take care of.