Chrysler has asked the judge to strike plaintiffs’ claims for damages and injunctive relief due to a Basic Limited Warranty former owners received when they purchased their vehicles. The class action lawsuit revolves around allegations that certain Chrysler models have a sunroof defect that causes them to leak.
“In the event this court does not dismiss the complaint in its entirety, defendant Fiat Chrysler has moved to strike plaintiffs’ prayer for consequential damages and plaintiffs’ prayer for injunctive and equitable relief,” according to court documents.
“[P]laintiffs’ opposition [to the motion to dismiss] does nothing to establish that plaintiffs have viable claims for consequential damages or equitable and injunctive relief. Fiat Chrysler’s U.S. motion should be granted. … Fiat Chrysler seeks to strike the prayer for consequential damages as to all plaintiffs and class members because the Basic Limited Warranty covering the vehicles at issue unequivocally disclaims all liability for consequential damages. Plaintiffs acknowledge that the express disclaimer is a part of the warranty, but they argue that it should not be enforced because it is unconscionable and ambiguous,” attorneys for Chrysler write in the court documents.
Six Chrysler owners had filed a nationwide class action lawsuit against the automaker in U.S. District Court of New Jersey alleging that a defect in the sunroofs causes 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. The model years are 2009 to present.
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.
The judge has not issued a decision in the case at press time.
