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A California federal judge last week ruled that Chrysler Group LLC can’t escape a class action lawsuit accusing the automaker of concealing defects in some Dodge Ram pickup trucks that cause them to suddenly lose steering control and shake excessively.
On Feb. 20, U.S. District Judge Virginia A. Phillips granted in part and denied in part Chrysler’s motion to dismiss the Dodge Ram class action lawsuit, tossing the warranty claims but keeping claims related to implied warranty and consumer protection violations.
Dodge Ram pickup owners filed the class action lawsuit last April following a series of recalls issued by Chrysler. The class action lawsuit alleges that model year 2008-2012 Dodge Ram pickups have defective tie-rods, which are a “crucial link” in the vehicle’s steering system.
The Dodge Ram class action lawsuit further alleges that the defective tie rods can cause the vehicles to shake violently and/or result in extreme front-end vibrations the plaintiffs call a “death wobble.”
According to the plaintiffs’ second amended complaint, death wobbles start when one tire hits a groove or a bump in the road that can only be controlled by bringing the vehicle to a stop. The class action lawsuit further alleges that the tie-rod ball studs in the defective Dodge Ram models are too weak to withstand normal use.
Chrysler filed a motion to dismiss the Dodge Ram steering class action lawsuit in November, arguing that the warranties attached to the trucks did not promise there were no defects in the vehicles.
The warranty “does nothing other than extend Chrysler Group’s obligation to ‘pay the cost of all parts and labor needed to repair any item’ during the warranty’s time-mileage durational limits,” Chrysler wrote in its motion to dismiss. “Indeed, courts recognize that a promise to repair actually acts as a warning that the product at issue may fail.”
Further, argues Chrysler, the plaintiffs do not claim that Chrysler refused repairs they asked for before the warranty expired.
Judge Phillips agreed with Chrysler and dismissed the express warranty claims.
“The [new vehicle limited warranty (NVLW)] disclaims all other express warranties,” the judge wrote in her order, “and plaintiffs allege they relied on the NVLW when purchasing the trucks. Hence, the representations made by Chrysler on its website and elsewhere were not part of any express warranty; plaintiffs’ express warranty claims, to the extent they are premised on such statements, are dismissed without leave to amend.”
Chrysler had also argued that the plaintiffs’ claim of breach of implied warranty should be dismissed. However, Judge Phillips refused to dismiss those claims.
Chrysler argued that because it issued recalls providing reimbursement to owners who have already paid to repair the alleged defect, the express warranty should negate any implied warranty. As such, Chrysler argued that if the plaintiffs’ claims of breach of expressed or implied warranty claims failed, then their claims under the Magnuson-Moss Warranty Act should have also failed.
“Chrysler first argues that because the ‘vehicles performed without incident throughout the duration . . . of the implied warranty’ Plaintiffs may not assert a claim for its breach,” explained Judge Phillips in her order.
“Essentially, Chrysler thinks it cannot be liable for breach of implied warranty if the defects manifested outside the time limits of the warranty,” she continued.
“Although some courts disagree,” the judge concluded, “California law recognizes that discovery of a latent defect outside the statutory time limit of an implied warranty can amount to a breach, so Chrysler’s argument fails.”
The plaintiffs are represented by class action lawsuit attorneys Steven L. Marchbanks of Premier Legal Center APC and by 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: On March 20, 2017, a California federal judge indicated that she would preliminarily approve a proposed $3.1 million class action settlement over an alleged Dodge Ram steering defect, but asked that claimants be granted 180 days to cash their checks instead of the proposed 60-day check cashing period.
UPDATE 2: The California Dodge Ram steering defect class action settlement is now open. Click here for information.
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19 thoughts onChrysler Can’t Shake Dodge Ram ‘Death Wobble’ Class Action Lawsuit
UPDATE 2: The California Dodge Ram steering defect class action settlement is now open. Click here for information.
UPDATE: On March 20, 2017, a California federal judge indicated that she would preliminarily approve a proposed $3.1 million class action settlement over an alleged Dodge Ram steering defect, but asked that claimants be granted 180 days to cash their checks instead of the proposed 60-day check cashing period.
How do we contact the class administrator for this?
I OWNED, I traded the POS in!, a 2013 Dodge Ram 3500 4×4 with the Death Wobble. Problem, well NOT problem, is NOT fixed. IMO you should NOT buy a Dodge. I even have a video of my former truck’s death wobble which is what it took to get them to pull the finger out.
I own a 2008 ram 1500 laramie.I bough the truck used but the truck was in a pretty good condition..one owner ,and I have records of all the truck services.almost a year after owning the truck I started experiencing a violent shake when I pressed the break.I tooked in immediately to the dealer and I needed tired rods ,and ball joints.I got them replaced after a 1,300 dollars bill.my point is this is the second time my truck been in for the same problem .furthermore manifold screw broken has been another issue with my truck which I expend another over a 1,000 dollars in repairs.
My 2003 has had to have way too many alinments and front tires. I have had issue with the front end for years, never realized til this spring there was a recall. Took care of it and then the REAL issues started. I almost tumbled down a mountain side because of this. My whole front end went out. Now I have no transportation. Was supposed to move the 1st of Nov. my truck is sitting at the dealership while we argue this out. Awful , just awful…
What model was the Ram 2003 – 1500?
Went to the dealer today to talk about my buy back letter. It states fair price and then 10%. They offered me 44000 and said my 10% was included. On kbb the mileage and condition of my truck fair price is 46000 so with 10 % on that it should be around 50000 that I should get. I told him I’ll think on it and talk to my lawyer.
File a complaint with federal trade commission. 877-382-4357. Tell them that RAM is not giving fair market value plus 10%, only trade in value plus 10%. This goes against the recall order. When I talked to the NHTA they said I have valid complaint. I got the number from NHTA.
I have 2008 dodge Dakota s&t ext. cab, recently started the wobble , mechanics can’t figure out what’s causing it. Also have the airbag recall, contacted dodge talked to an agent on their chat, gave my info still haven’t received any notice, like to get some help, as I don feel comfortable on the road with the vehicle any more.
Did you ever get any assistance with your 2008 dodge Dakota?
Ronnie Thomas. I have a 2006 Dodge 4×4 4 door long bed 2500. I have had the death wobble since day one. I wrecked on the side of the road because of it. Dodge dealers look at me like I am crazy every time I describe it to them. I have replaced numerous parts and can not get it to go away. Please Help !
Ive been dealing with this death wobble since I bought this 2008 4×4 megacab so dangerous when it happen most the time it can happen twice a day breaking my front diff bracket almost got rearened by an 18 wheeler have to slam on my brakes to stop this death wobble so iratated with this .
I have an 05 Dodge Ram 2500 4X4 that has the death wobble isue. Was told by the dealer that there was nothing they could do. They said the updated front end parts are on the truck already. Who do I contact now that the law suit says Dodge has to repair or replace the vehicles. I would like mine repaired, not replaced.