Jeep Cracked Windshield Lawsuit Sees State Claims Dismissed

September 15, 2024 — A Jeep cracked windshield lawsuit will continue in court after the judge dismissed multiple claims, but ruled the plaintiffs can change and refile their class action lawsuit.

The cracked windshield lawsuit includes 2016-present Jeep Gladiator and Jeep Wrangler SUVs which allegedly are dangerous to drive because the windshields chip, crack and break.

Jeep owners assert a tiny pebble can cause huge cracks in the windshield or sometimes a windshield will crack for no reason.

In addition to small pebbles causing big windshield problems, the lawsuit alleges using the defroster can also cause cracked windshields. One plaintiff even claims his Jeep windshield was chipped when a gnat hit it.

Jeep owners assert they were forced to pay hundreds of dollars to repair the cracked or chipped windshields even if insurance covered the damage, considering most policies have deductibles.

The issue of driver visibility is allegedly a safety concern, as is how a damaged windshield affects the structural integrity of the Jeep.

According to the plaintiffs, Chrysler's "written warranties are procedurally and substantively unconscionable" and “are offered on a take-it-or leave-it basis without any input from consumers in a ‘boiler-plate’ printed forms that are oppressive and surprise consumers.”

Motion to Dismiss the Jeep Cracked Windshield Lawsuit

Judge Jamel K. Semper dismissed multiple claims, especially state law allegations, but the judge dismissed the claims without prejudice which gives the plaintiffs the opportunity to amend their claims.

Several state law claims were dismissed after plaintiffs argued they "conducted online research prior to purchasing their vehicles."

But Judge Semper didn't find those claims convincing.

"Plaintiffs fail to identify any statements or information attributable to FCA that rise to actionable misrepresentations or omissions constituting unlawful conduct."

In the situation of another plaintiff who did online research about his vehicle, the judge ruled the plaintiff "alleges no facts identifying an unfair practice or deceptive act and instead makes conclusory allegations."

One after another the judge shot down state law claims, but the plaintiffs had better success with other claims, such as claims based on vehicles the plaintiffs did not own or lease.

FCA argues the plaintiffs lack standing to assert claims based on those vehicles, while the plaintiffs assert dismissal on such grounds would be premature.

Judge Semper found all the vehicles share the same windshields which are allegedly prone to crack, and all the vehicles are Jeep vehicles. In addition, all the claims are against one defendant (FCA), therefore the plaintiffs have standing to bring claims on behalf of all purchasers of the Jeep vehicles.

However, the judge says at the class certification stage, the plaintiffs have the burden of proving the case is appropriately brought as a class action.

The Jeep cracked windshield class action lawsuit was filed by these customers.