Judge Trims Dodge Journey Brake Defect Class Action Lawsuit
By Mike Holter
A class action lawsuit alleging Chrysler concealed a brake defect in 2009-2010 Dodge Journeys survived a motion to dismiss last week, but will continue without several substantial claims unless the plaintiffs amend their complaint.
U.S. District Judge James V. Selna gave the plaintiffs 30 days to replead claims Chrysler violated California’s Consumer Legal Remedies Act and its Unfair Competition Law, as well as claims for breach of express warranty.
Plaintiffs Ronald Coleman and Giuliano Belle sued Chrysler Group LLC in June, alleging the automaker concealed a manufacturing or design defect in the Dodge Journeys that cases their brake pads or rotors to prematurely wear, requiring frequent and costly repairs.
Plaintiffs further allege in the Dodge Journey class action lawsuit that the problem presents an unreasonably dangerous safety hazard and owners would not have purchased the vehicles had they known about the alleged brake defect.
According to the class action lawsuit, Chrysler knew about the Dodge Journey brake defect but failed to disclose it, even going so far as to actively conceal it from consumers. The plaintiffs allege Chrysler had knowledge of the brake defect through pre-release testing data, consumer complaints and data from authorized dealers and replacement parts sales.
Multiple consumer class action lawsuits have been filed over the alleged Dodge Journey braking system defect, including one that was dismissed in December (Tatum v. Chrysler Group LLC).
Judge Selna ruled Coleman and Belle sufficiently plead they suffered economic loss under the CLRA and UCL, but that Coleman cannot bring claims under those statutes because he bought his car in Texas. Judge Selna also dismissed Belle’s express warranty claim because he did not allege the brake repair he received under warranty was defective.
Plaintiffs have until the end of February to replead those claims.
The Chrysler Dodge Journey Brake Defect Class Action Lawsuit case is Giuliano Belle v. Chrysler Group LLC, Case No. 12-cv-00936, U.S. District Court for the Central District of California.
Updated February 7th, 2013
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
6 thoughts onJudge Trims Dodge Journey Brake Defect Class Action Lawsuit
We’ve had our Journey for 1 year and 1 month now…Grrrr I’m frustrated! We’ve had to replace the front and rear break pads twice, also had to get the rotors surfaced….now just 3 months later we are in need of new break pads AND we are in need of replacing the ROTORS!!!! I’m so frustrated that we have had to dish out so much money in such little time and little miles of driving and owning this vehicle….what can I doo?????? Please email me information or suggestions at [email protected]
We’ve had our Journey for 1 year and 1 month now…Grrrr I’m frustrated! We’ve had to replace the front and rear break pads twice, also had to get the rotors surfaced….now just 3 months later we are in need of new break pads AND we are in need of replacing the ROTORS!!!! I’m so frustrated that we have had to dish out so much money in such little time and little miles of driving and owning this vehicle….what can I doo?????? Please email me information or suggestions at [email protected]
We’ve had our Journey for 1 year and 1 month now…Grrrr I’m frustrated! We’ve had to replace the front and rear break pads twice, also had to get the rotors surfaced….now just 3 months later we are in need of new break pads AND we are in need of replacing the ROTORS!!!! I’m so frustrated that we have had to dish out so much money in such little time and little miles of driving and owning this vehicle….what can I doo?????? Please email me information or suggestions at [email protected]
I really need a claim form too. I have all of my invoices dating back to August of 2010 when I purchased my brand new 2010 Dodge Journey and have had the front brakes and rotors changed 4 times so far and the back brakes and rotors changed once, the airbag sensor is faulty for a second time and this time they are going to charge me almost $700 to fix it since they say it isn’t covered under the warranty (after the sensor was fixed due to a recall in February of 2011 and they made me pay $120 to do a diagnostic test to find out that the sensor was faulty again), the car sometimes won’t start but the 5 times I have taken it to the shop, they say they can’t duplicate the problem so technically they say there is no problem. The battery had to be replaced after only having it for a year and a half and now the front brakes and rotors and back pads need to be changed again (#5) but not covered because it is over the 36k by 4k miles. This is the first brand new car I have ever purchased and the worst car I have ever had. It has had more problems than all of the used cars I have owned put together. Chrysler should be ashamed and should have replaced the brakes with better pads and rotors in the very beginning so that all of the numerous visits to the dealerships to replace bad brakes and pads with the same terrible brakes and pads could have been reduced. They should compensate every person that has been inconvenienced with this garbage or given the opportunity to get a newer Dodge Journey that doesn’t have the issues, considering we have had to continue to pay our monthly payments and insurance!! How terrible it is to have to experience something like this on your very first brand new car…
Send a claim form thanks.
What has to be done for this class action lawsuit to be filed again? I am having the same issues, as well as electrical problems with my 2009 Dodge Journey. I understand Chrysler extended the warranty to 36,000 miles but that doesn’t help when you have 54,000 miles, not to mention future problems since there is no way to correct the problem. I am anxious to see if the original people who filed these complaints are planning on going further. Thank you in advance.