— A Dodge class action lawsuit has been dismissed after a truck owner alleged Dodge vehicles are not equipped with functional anti-theft systems.
The lawsuit was filed by truck owner Brett Wiater who claims 2019-2023 Dodge vehicles are defective which allows them to be stolen.
According to Wiater, his Dodge vehicle was stolen in April 2023, “[b]ecause of the defects at issue in this case.”
The plaintiff contends each Dodge vehicle should but does not lock its steering and stop itself from moving whenever the vehicle’s key is removed from the vehicle.
According to Wiater, such steering- and mobility-lock systems and other allegedly missing functional anti-theft systems make the Dodge vehicles too easy to steal, make them unsafe, and the lawsuit alleges the vehicles have diminished values.
The plaintiff argues his Dodge vehicle “was stolen due to the ‘Keyless Enter ‘n Go’ system not functioning as Defendants clearly intended it to.”
Fiat Chrysler allegedly knew the vehicles lacked functional theft systems but didn't tell customers and didn't repair the Dodge vehicles.
Dodge Class Action Lawsuit Dismissed
In its motion to dismiss the lawsuit, Chrysler argues the plaintiff doesn't have standing to sue because standing requires the plaintiff “suffered an injury in fact,” is “fairly traceable to the defendant’s conduct” and “likely to be redressed by a favorable judicial decision.”
Chrysler says Wiater fails to show that his alleged injury is traceable to FCA because “all [Wiater] offers is a bare allegation his vehicle was stolen by some third-party criminal.”
Judge Shalina D. Kumar says to establish traceability, a plaintiff must show “a fairly traceable connection between the plaintiff's injury and the complained-of conduct of the defendant.”
However, the judge found the class action lawsuit fails to establish traceability.
Judge Kumar found the Dodge lawsuit does not explain how or under what circumstances Wiater’s vehicle was stolen. Nor does it show "how defendants’ omission of any particular antitheft systems" in the vehicles caused or contributed to the theft of Wiater’s vehicle.
"Although the Class Vehicles allegedly lack steering- and mobility-lock systems designed to combat theft, the complaint does not allege how those missing systems contributed to the theft of Wiater’s Class Vehicle." — Judge Kumar
According to the judge, if the plaintiff’s injury was caused by the independent action of some third party not before the judge, the injury is not fairly traceable to Chrysler.
The judge dismissed the Dodge lawsuit by ruling the plaintiff failed to allege an injury traceable to FCA, and therefore lacks standing to file the class action lawsuit.
The Dodge class action lawsuit was filed in the U.S. District Court for the Eastern District of Michigan (Southern Division): Brett Wiater v. FCA US, et al.
The plaintiff is represented by Yatooma Law Firm, P.C.