The ongoing lawsuit between David Cox and Chrysler could be settled soon. According to court documents, the 2014 class-action lawsuit could reach a settlement agreement of $350,000 for attorneys’ fees and $4,000 that would be awarded to Cox, the plaintiff in this case, as an incentive award.
The lawsuit against Chrysler, which was first filed in 2014 by Cox, alleged the manufacturer was negligent in disclosing to owners that regular maintenance is needed on affected vehicles’ sunroof drain tubes. The Jeep Patriot, Jeep Liberty, Jeep Compass, Jeep Commander, Jeep Cherokee, Jeep Grand Cherokee, Chrysler Town and Country and Chrysler 300, from model years 2009 to present were named in the lawsuit.
“FCA [Fiat Chrysler automobiles] US does not agree with all of the characterizations of the facts set forth by plaintiff in these motions. However, it does agree that the proposed class settlement is fundamentally fair, adequate, and reasonable, and that it should be approved by the Court.
Furthermore, FCA US has no objection to entry of an order awarding attorneys’ fees, costs, and an incentive award, provided that the amounts do not exceed the following: Three hundred fifty thousand dollars ($350,000.00) for attorneys’ fees; one hundred twenty-eight thousand eight hundred seventy-three dollars and seventy-nine cents ($128,873.79) for costs; and four thousand dollars ($4,000.00) for an incentive award for plaintiff,” a portion of court documents read.
In his original complaint, Cox stated he owned a 2010 Jeep Patriot for less than a year before the sunroof began leaking, which damaged the interior.
“Cox brought his vehicle in to the Chrysler dealer’s service department to service the sunroof leak immediately. The Chrysler dealer replaced the radio and cleaned out the sunroof drain tubes. However, the sunroof has leaked several times since the first attempted repair, once again damaging the radio display and causing electrical malfunctions in the sunroof. Thus, on June 26, 2013, Cox brought the vehicle in to the Chrysler service department again to service the sunroof leak. However, Chrysler refused to repair the sunroof leak under the warranty stating that clogged drain tubes is a maintenance problem. As a result, Cox continues to observe water leaking into and through the sunroof and interior dome light that has resulted in electrical problems, a noticeable musty or moldy smell and water damage to the interior of his vehicle,” a portion of the complaint reads.
Throughout his complaint, Cox claims he was never told by Chrysler that the vehicle’s sunroof drain tubes would need routine maintenance. Chrysler responded to the complaint by denying most of the allegations that were made against the company. The auto manufacturer also stood by its warranty in its response.
“FCA US admits that it provides a written limited warranty for the vehicles it sells which covers the cost of repairs for certain items for 3 years or 36,000 miles from the date the vehicle is first put into service, whichever occurs first. Further FCA US states that the warranty document speaks for itself,” a portion of Chrysler’s response reads.
Currently both Cox and Chrysler are waiting for the judge’s response to the settlement motion. Look to a future edition of glassBYTEs for more information on this suit following the judge’s response.