— A Chrysler lifetime warranty lawsuit is still in court as Fiat Chrysler (FCA) tries to convince the judge the class action should be completely dismissed.
Kansas plaintiff Michael Marksberry purchased a 2009 Ram 1500 truck from Olathe Dodge on October 31, 2009.
The truck was covered by a lifetime powertrain warranty, but for the warranty to stay effective the plaintiff had to take his truck to a dealer for a powertrain inspection within 60 days before or after its 5-year anniversary sale date.
Th plaintiff says he took his truck to the dealership every 3,000 miles, including on December 22, 2014. This was within the 120-day window to satisfy the powertrain inspection, but the plaintiff never specifically requested the inspection and the dealer didn't perform a powertrain inspection.
The plaintiff claims Chrysler should have reminded him to have the free powertrain inspection performed within the specified time period because in May 2016 the dealer refused to make free warranty repairs for broken exhaust manifold bolts.
Fiat Chrysler told the owner it was his responsibility to ask for the free inspection, and without the inspection the plaintiff had to pay $1,323.53 for the repairs.
The Chrysler lifetime powertrain warranty lawsuit says FCA issued a technical service bulletin (TSB) in September 2011 about exhaust manifold bolts. The plaintiff says the dealer never informed him about the bulletin because he didn't complain about the problem until at least four years after the bulletin was issued.
The lifetime warranty lawsuit began as a proposed nationwide class action, but the nationwide claims were dismissed which leaves the plaintiff seeking to represent consumers who purchased a vehicle from Chrysler in the state of Kansas and provided a lifetime powertrain warranty on or after October 31, 2009.
Chrysler Says Lifetime Warranty Lawsuit Should Be Dismissed
Chrysler says it filed the motion because the plaintiff allegedly settled all his claims against Olathe Dodge for an amount that makes him whole. This allegedly means the district court now lacks subject matter jurisdiction.
According to Chrysler, the plaintiff's claims are now moot because the plaintiff "has been made whole for the only injury he describes" in the lifetime powertrain warranty lawsuit.
"Under the well-settled law, having been fully compensated for his single injury resulting from the alleged joint wrongdoing of both FCA US and Olathe Dodge, Plaintiff’s claims are moot even though the money he received came only from one party [the dealer]." — Fiat Chrysler
The Chrysler lifetime warranty lawsuit was filed in the U.S. District Court for the District of Kansas - Michael Marksberry, v. FCA US LLC, et al.
The plaintiff is represented by Bell Law, LLC.
