— Fiat Chrysler has filed a motion to dismiss a power steering pump fire class action lawsuit which alleges about 781,000 Jeep Wranglers and Jeep Gladiators are at risk of fires.
The Chrysler class action was filed about two months after federal safety regulators opened an investigation into 2021-2023 Jeep Wrangler and 2021-2023 Jeep Gladiator engine compartment fires.
At the time, the National Highway Traffic Safety Administration had received at least nine fire reports and multiple field reports about "thermal" events which can include smoke, melting and fires.
The investigation is ongoing and focuses on the power steering pump module, including all power steering pump electrical connectors and associated wiring. The Jeep engine compartment fires seem to originate in the area of the power steering pumps, and most fires occurred when the vehicles were parked and shut off (ignition off, accessory (ACC) off or key-off).
According to the Jeep class action lawsuit, FCA knew the vehicles could catch fire but failed to warn customers when the Jeeps were first sold.
The plaintiffs want FCA to repair the "Spontaneous Fire Risk" and if a customer chooses, Chrysler should provide "recovery of the purchase price of their Fire Risk Vehicles, or the overpayment for their vehicles."
Motion to Dismiss the Jeep Class Action Lawsuit
In addition to the motion to dismiss, FCA filed a motion to compel arbitration which if granted, will likely pause all allegations in the lawsuit while the claims are arbitrated.
The Jeep class action began with four plaintiffs who had no problems with their Jeep power steering pumps, but an amended class action includes more customers, including four who allege fires occurred in their Jeeps.
Chrysler notes the four Jeep fires are being investigated by FCA and the government to determine the root cause. But the automaker says the remaining 18 customers who sued are the "fear only" plaintiffs who had no problems with their Jeeps. FCA says those 18 customers have Jeeps that perform as intended.
The plaintiffs allegedly also have never presented their Jeeps to dealerships for inspections or repairs.
According to the class action, there are 13 instances of fires out of 781,459 Jeep Gladiators and Jeep Wranglers, yet the plaintiffs contend all the Jeeps are at risk of engine compartment fires from power steering pump problems.
Chrysler argues the plaintiffs haven't tried to take advantage of their Jeep warranties, so implied warranty allegations allegedly should be dismissed.
The investigation which preceded the Jeep fire class action lawsuit has not ended and regulators have not concluded if a recall is necessary or even the root cause of the fires.
"Nevertheless, Plaintiffs allege that 13 vehicle fires are associated with this purported defect, out of a population of 781,459 sold vehicles." — FCA
The lawsuit also references recalls of Jeep Wrangler and Gladiator hybrid vehicles, but Chrysler says no plaintiff claims they brought their Jeep to a dealer for repairs or even an inspection. The "fear only" plaintiffs supposedly lack standing to bring claims because they fail to plead a defect manifested.
Claims based on hypothetical future injuries should allegedly be dismissed, especially when those claims are based only on "information and belief" as stated in the class action. And while the Jeep lawsuit contends FCA knew about the supposed defects, the automaker argues no plaintiff has alleged any facts to support such a claim.
"As pled, the facts in the FAC [first amended complaint] constitute 'a highly attenuated chain of possibilities' that 'does not satisfy the requirement that threatened injury must be certainly impending.'" — FCA's motion to dismiss
The 18 plaintiffs allegedly have no "concrete injury" because there are no facts to support that their Jeeps ever had any problems with the power steering pumps or the power steering. Chrysler says an alleged threat of possible future harm is not enough to sustain the class action lawsuit.
According to FCA, the plaintiffs "rushed" to file the Jeep class action just two months after NHTSA opened its investigation instead of seeking the "appropriate and available remedy to investigate and potentially resolve the purported 'defect' under their Jeep Limited Warranty."
The Jeep fire class action lawsuit was filed in the U.S. District Court for the Eastern District of Michigan (Southern Division): Jeff Graves et al., v. FCA US LLC.
The plaintiffs are represented by The Miller Law Firm PC, and Hagens Berman Sobol Shapiro LLP.