Chrysler’s attorney has asked the U.S. District Court of New Jersey to dismiss a nationwide class action lawsuit alleging that a defect in their vehicles’ sunroofs cause them to leak.
Vehicles covered in the lawsuit include the Jeep Patriot, Jeep Liberty, Jeep Compass, Jeep Commander, Jeep Cherokee, Jeep Grand Cherokee, Chrysler Town and Country and Chrysler 300.
“Plaintiffs seek to represent a class which encompasses not only the vehicles they own, but eight different models of vehicles manufactured during eleven model-years,” Chrysler’s attorney writes in court documents.
“There are no allegations that the sunroofs in plaintiffs’ vehicles are the same (e.g., single pane vs. panoramic). … There are no allegations that these sunroofs are all made by the same component supplier. Nor are there any allegations that the sunroofs are made of the same materials and parts. Likewise, there are no allegations supporting the notion that the sunroofs in the vehicles at issue all have the same allegedly defective ‘drain tubes,’” Chrysler’s attorney writes in court documents.
The plaintiff’s lawsuit “suffers from a host of pleading and legal insufficiencies. It should be dismissed,” according to Chrysler’s attorney.
If the judge decides against dismissing the case, Chrysler’s attorney has filed a motion to strike the plaintiffs’ request for damages.
The plaintiffs include David Cox of Ohio, Melissa Doherty of Massachusetts, Teresa Hughes of Texas, Anthony Lombardo of New York, Andrew Manesis of New Jersey and Michael Newcomb of Massachusetts. They seek to represent themselves and all others similarly situated.
Their attorneys claim the alleged defect manifested during the warranty period for all plaintiffs.
Plaintiffs are seeking contractual, restitutionary and statutory damages, in addition to injunctive and equitable relief and attorneys’ fees.
The judge had not made any decisions at press time.