UNITED STATES DISTRICT COURT Landskroner Grieco Merriman

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Case 1 17 cv 01132 JG Doc 18 Filed 08 11 17 1 of 21 PageID 189. UNITED STATES DISTRICT COURT,NORTHERN DISTRICT OF OHIO. EASTERN DIVISION, DONNA MOORADIAN and WILLIAM Case No 1 17 cv 01132 JG. MOORADIAN and JOSEPH WHITE, on behalf of themselves and all others JUDGE JAMES S GWIN. similarly situated,Plaintiffs FIRST AMENDED CLASS ACTION. v COMPLAINT,WITH JURY DEMAND,FCA US LLC, Plaintiffs Donna and William Mooradian Mooradians and Joseph White.
Mr White collectively Plaintiffs on behalf of themselves and all others similarly. situated by and through the undersigned counsel bring this Class Action Complaint against. Defendant FCA US LLC also Fiat Chrysler or Chrysler Plaintiffs allege the following. based upon personal knowledge as to their own acts and based upon the investigation conducted. by their counsel as to all other allegations,NATURE OF THE CASE. 1 This action concerns Chrysler s refusal to honor its warranty and cover the cost of. repairing a manufacturing defect in the engines of Chrysler s Jeep Wrangler model years 2012. 2017 collectively Jeeps and class vehicles, 2 During the engine production process Chrysler does not sufficiently purge the. casting sand from the engine the Manufacturing Defect As a result of excess sand in the. engine the Jeeps radiators and oil coolers fill with a sludge like residue that damages and. ultimately destroys these and other components collectively Affected Components of the. class vehicles, 3 Chrysler knew or should have known about the Manufacturing Defect from pre. sale testing of the class vehicles before the sale of the first class vehicle in late 2011 Moreover. Case 1 17 cv 01132 JG Doc 18 Filed 08 11 17 2 of 21 PageID 190. hundreds of publicly available consumer complaints as well as Chrysler s own customer. complaint records gave Chrysler notice of the pervasiveness of the Manufacturing Defect as. early as June 2012, 4 Nonetheless Chrysler did not disclose the Manufacturing Defect to past. purchasers of class vehicles even when customers brought their class vehicles into Chrysler. dealerships for repair of the Manufacturing Defect and Chrysler continued to sell class vehicles. to consumers without disclosing the Manufacturing Defect. 5 Every class vehicle was sold or leased pursuant to express and implied warranties. including a Powertrain Limited Warranty that covers the cost of all parts and labor needed to. repair a powertrain component including the engine that is defective in workmanship and. materials within five years or 100 000 miles whichever occurs first calculated from the start. date of the Basic Limited Warranty The Basic Limited Warranty begins on the date a purchaser. takes delivery of the vehicle or the date when the vehicle was first put into service whichever is. 6 Plaintiffs Donna Mooradian William Mooradian and Joseph White and other. class vehicle owners and lessees similarly situated the Class or Class Members requested. that Chrysler or through its authorized dealers repair the Manufacturing Defect but Chrysler. refuses to cover the costs of labor and repair Instead Chrysler informed Plaintiffs and the Class. either that the warranty did not cover the repair because the problem was created by external. factors or owner misuse or that the warranty period had elapsed. 7 Plaintiffs bring claims under breach of express warranty breach of implied. warranties breach of the Magnusson Moss Warranty Act and breach of the Ohio Consumer. Sales Practices Act Plaintiffs and the Class seek to recover damages they incurred as a result of. Chrysler s failure to inform Plaintiffs and the Class about the Manufacturing Defect and its. failure to repair or replace the engine components damaged as a result of the Manufacturing. Defect Moreover Plaintiffs and the Class also seek a declaration that the Manufacturing Defect. should be covered under the Powertrain Warranty and an extension of the Basic Limited. Case 1 17 cv 01132 JG Doc 18 Filed 08 11 17 3 of 21 PageID 191. Warranty to cover repair of the Affected Components damaged as a result of the Manufacturing. Defect Plaintiffs also request an injunction ordering Chrysler to inform purchasers of the class. vehicle of the Manufacturing Defect Plaintiffs seek attorney s fees and costs pre and post. judgment interest and all other remedies and relief permitted by law. THE PARTIES, 8 Plaintiffs Donna and William Mooradian proposed Class and Subclass.
representatives are Ohio citizens who reside in Cuyahoga County. 9 Plaintiff Joseph White proposed Class and Subclass representative is an Ohio. citizen who resides in Hamilton County, 10 Defendant FCA US LLC is a Delaware limited liability company with its. headquarters in Auburn Hills Metro Detroit,JURISDICTIONAL ALLEGATIONS. 11 The United States District Court for the Northern District of Ohio has original. subject matter jurisdiction over this matter pursuant to the Class Action Fairness Act 28 U S C. 1332 d because the proposed Class exceeds one hundred members the aggregate amount in. controversy excluding interest and costs exceeds 5 000 000 and there is the requisite degree. of diversity of citizenship between the parties, 12 The United States District Court for the Northern District of Ohio also has. original subject matter jurisdiction over the Magnuson Moss Warranty Act claim 15 U S C. 2301 pursuant to 28 U S C 1331, 13 The United States District Court for the Northern District of Ohio can exercise. supplemental jurisdiction over the Class s state law claims under 28 U S C 1367. 14 The United States District Court for the Northern District of Ohio can exercise. personal jurisdiction over Chrysler because it had regular and systematic contacts with the state. of Ohio in which it does business and places the Jeeps in the stream of commerce. 15 The United States District Court for the Northern District of Ohio is a proper. venue for this action pursuant to 28 U S C 1391 b 1 because Chrysler is subject to personal. Case 1 17 cv 01132 JG Doc 18 Filed 08 11 17 4 of 21 PageID 192. jurisdiction in this District and the sale of the Mooradian Plaintiffs Jeep occurred in this. District and such sale gave rise to this action, 16 This Court is the proper Division for this action under Local Rule 3 8 because the.
sale of the Mooradian Plaintiffs Jeep occurred in Medina County Ohio. THE DEFECT, 17 Many automotive manufacturers make engine component parts using a sand. casting method which utilizes expendable sand molds to form complex metal parts from alloys. Upon information and belief Chrysler used a sand casting method in manufacturing component. parts for the Jeep engines during the class period. 18 Class vehicles have a Pentastar V 6 3 6 liter Pentastar engine Pentastar. engine blocks are made using a die casting method rather than a sand casting method However. the cylinder head that is located on top of the engines are made using a sand casting method. 19 This is not the first time Chrysler has experienced issues with its cylinder heads in. the company s Pentastar engines In 2012 Chrysler voluntarily recalled 7 500 cylinder heads. due to a ticking sound in the engine stalling and other problems during use 1. 20 Upon information and belief during the production process Chrysler does not. sufficiently purge the sand from the cylinder head Thus excess sand is left in the cylinder head. that seeps out gradually as the vehicle is driven, 21 All sand must be removed or destroyed during production of the cylinder head or. other component engine parts will experience extensive problems Specifically any residual. sand that remains from the sand casting process in the engine can also improperly circulate. through the vehicle s cooling system and settle in the heater core radiator and oil cooling. systems The sand forms a sludge like build up in the bottom of the radiator reservoir that. continues to accumulate until heating and cooling systems malfunction and fail. http autoweek com article car news dealers repairing chrysler v6 engines some pentastars. need new cylinder heads, Case 1 17 cv 01132 JG Doc 18 Filed 08 11 17 5 of 21 PageID 193. 22 Plaintiffs and the Class do not learn of the existence of the Manufacturing Defect. until the heating and cooling systems fail even though the sand starts to shed from the cylinder. head and collect in the radiator immediately after the vehicle is driven. 23 The failure of the heating and cooling functions in class vehicles compromises the. safety of class vehicles Drivers without heat cannot defrost their vehicles rendering them. difficult or impossible to drive in cold weather conditions and unsafe especially when freezing. precipitation occurs while driving Drivers without air cannot drive in hot weather conditions. 24 The Manufacturing Defect cannot be cured by normal automotive maintenance. because regular engine flushes do not remove the sludge like sand residue at the bottom of the. radiator which is too thick for such a procedure Moreover any relief provided by a routine. engine flush is at best only a temporary improvement because the casting sand has already. circulated within the vehicle and continues to build up in the engine once the class vehicles. resumes operation, 25 Upon information and belief engine flushes radiator replacements and heater. core replacements and air conditioning components will continue indefinitely until an engine. without any leftover casting sand is installed in the Jeeps. CHRYSLER KNEW OR SHOULD HAVE KNOWN ABOUT THE DEFECT IN PART. BECAUSE CONSUMERS HAVE EXTENSIVELY REPORTED THE DEFECT TO. 26 There were thousands of Jeeps manufactured by Chrysler using the sand casting. method since 2012 Moreover there are numerous complaints on the Internet from absent Class. members regarding the Defect, Case 1 17 cv 01132 JG Doc 18 Filed 08 11 17 6 of 21 PageID 194.
http www carcomplaints com Jeep Wrangler 2012 AC heater heater not working shtml last. visited on May 25 2016, http www carcomplaints com Jeep Wrangler 2012 AC heater heater not working shtml last. visited on May 25 2016, Case 1 17 cv 01132 JG Doc 18 Filed 08 11 17 7 of 21 PageID 195. http www carcomplaints com Jeep Wrangler 2012 AC heater heater not working shtml last. visited on May 25 2016, Case 1 17 cv 01132 JG Doc 18 Filed 08 11 17 8 of 21 PageID 196. http www wranglerforum com f202 heater core no drivers heat and casting sand 388066 html. last visited on May 25 2017, http www wranglerforum com f202 heater core no drivers heat and casting sand 388066 html. last visited on May 25 2017, CHRYSLER S EXPRESS WARRANTIES COVER THE MANUFACTURING DEFECT.
27 Chrysler provides warranties for the class vehicles engine blocks that cover the. Manufacturing Defect including among others a New Vehicle Limited Warranty that. provides bumper to bumper coverage for 3 years or 36 000 miles and a Powertrain Limited. Warranty that provides coverage for the engine block for 5 years or 100 000 miles Under. these and other warranties Chrysler promised to repair or replace engine and other components. arising from defects in materials or workmanship including the Defect at no cost to Class. 28 The Powertrain Limited Warranty covers the gasoline engine and the cylinder. block also known as the engine block The engine cylinder block and all internal parts cylinder. head assemblies timing case timing chain timing belt gears and sprockets vibration damper oil. pump water pump and housing intake and exhaust manifolds flywheel with starter ring gear. core plugs valve covers oil pan turbocharger housing and internal parts turbocharger. wastegate actuator supercharger serpentine belt tensioner and seals and gaskets. 29 Chrysler s warranties appear in window labels on the vehicles in the owner s. manuals and brochures and on the company s websites. Case 1 17 cv 01132 JG Doc 18 Filed 08 11 17 9 of 21 PageID 197. PLAINTIFFS EXPERIENCES,Donna and William Mooradian. 30 In July 2013 Donna and William Mooradian leased a new 2013 Jeep Wrangler. Unlimited for personal and family use from the Brunswick Auto Mart 2 an authorized dealer and. agent of Chrysler in Medina County Ohio Like all new Chrysler vehicles Plaintiffs class. vehicle came with Chrysler s New Vehicle Limited Warranty and Powertrain Limited Warranty. 31 Thereafter the Mooradians performed normal and routine maintenance Further. the Mooradians were never informed in any way by Defendant that their vehicle contained the. Manufacturing Defect, 32 In October 2016 due to the cold weather the Mooradians attempted to utilize the. heat in their class vehicle However it only emitted cool air from the vents despite the heat being. set to the warmest setting This condition continued to occur during the entire operation of the. vehicle on that occasion and others going forward, 33 In addition the Mooradians attempted to utilize the defroster on the Jeep due to. ice or frost on the windshield However the defroster only emitted cold air which did not defrost. the windshield and actually caused the windshield to fog during use causing the Mooradians to. fear for their safety when driving the vehicle The Mooradians felt that the Manufacturing. Defect caused the class vehicle to be unsafe and unusable on various occasions. 34 In January 2017 at 33 000 miles and after repeatedly experiencing the same. problems for several months the Mooradians took their class vehicle to Brunswick Auto Mart. Case 1 17 cv 01132 JG Doc 18 Filed 08 11 17 1 of 21 PageID The United States District Court for the Northern District of Ohio can exercise In July 2013

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