12/11/23 | Judge Denies Motion to Dismiss
The federal judge in Detroit who is overseeing the consolidated lawsuit alleging a dangerous fire-causing defect in Chrysler Pacifica Hybrid minivans denied Fiat Chrysler’s motion to dismiss plaintiffs’ claims. The judge ruled that claims of breach of express and implied warranty, as well as violations of the federal Magnuson-Moss Warranty Act in all but three states should proceed.
The court found that “plaintiffs sufficiently have alleged that the class vehicles pose a serious safety risk to class members who own them, as well as to members of the motoring public at large.” Additionally, “plaintiffs plausibly have pleaded that the risk is in no way foreclosed by a recall remedy that offers nothing more than either a ‘software patch’ to ‘monitor’ the battery system for conditions incipient to an impending catastrophe.”
The order also states that drivers plausibly allege facts illustrating the automaker’s “history of refusal or inability to make effective repairs,” and its awareness “well before the vehicles went to market, of decades of academic engineering publications, surveyed in the comprehensive 2017 NHSTA Safety Report, which documented in exhaustive detail the potential for thermal runaway issues in hybrid powerplant designs.”
Plaintiffs are continuing to amass evidence through the discovery process and intend to file their Motion for Class Certification in April 2024.
Own a 2017-2018 Chrysler Pacifica plug-in hybrid electric vehicle (PHEV)? Have you been sent a warning to park your vehicle outside and away from structures and not to plug in your vehicle, due to fire risk?
A defect means your vehicle could catch fire even when the engine is turned off. You may be entitled to compensation. Find out your rights »
AFFECTED VEHICLES
- 2017-2018 Chrysler Pacifica Plug-In Hybrid Electric Minivans
ABOUT THE DEFECT
Hagens Berman filed a lawsuit against Fiat Chrysler Automobiles (FCA) alleging that a serious defect in the design of Chrysler Pacifica hybrid minivans resulted in spontaneous, explosive fires that occurred while vehicles were parked and turned off. According to the lawsuit, FCA knew well before the vehicles went to market that the design was potentially problematic, and failed to provide a sufficient fix for the issue in response to owner reports of fires.
YOUR CONSUMER RIGHTS
Hagens Berman believes vehicle owners deserve safe vehicles and peace of mind. Our legal team is fighting to help those impacted by this defect as quickly as possible.
TOP AUTO LITIGATION FIRM
Hagens Berman is one of the most successful auto litigation law firms in the U.S. and has secured more than $21 billion in settlement benefits for vehicle owners impacted by defects and other automotive issues. Your claim will be handled by attorneys experienced in automotive consumer law. In 2021, the firm achieved a $1.3 billion settlement in a lawsuit against Hyundai and Kia relating to a fire hazard defect.
NO COST TO YOU
There is no cost or fee whatsoever involved in joining this case. In the event Hagens Berman or any other firm obtains a settlement that provides benefits to class members, the court will determine and award reasonable fees and costs to the legal team.
CASE TIMELINE
Hagens Berman filed a consolidated master complaint on behalf of owners of affected Chrysler Pacifica PHEV vehicles on Nov. 4, 2022. The complaint highlights Fiat Chrysler’s proposed “fix” as a “Hobson’s choice foisted on consumers” that fails to solve the issue. “The FCA software update solution is inadequate because: (1) FCA has yet to determine or disclose a root cause for the failures (and in the absence of a root cause, FCA cannot implement remedies that guarantee safe operation of the vehicle); (2) the software remedy (i.e., a software update) only monitors the battery and does not necessarily interrupt the battery’s evolution to thermal runaway; and (3) the hardware remedy (i.e., installation of a new battery pack) cannot provide any increased level of safety if the cells have not changed and/or the pack design has not changed to reduce thermal runaway propagation between cells. Clearly, this “fix” is not a fix at all, the dangerous battery packs that are prone to spontaneous fires are completely unaffected by this repair.”
Following the initial case management conference on Oct. 14, 2022, the court granted the firm’s proposed leadership motion and appointed Hagens Berman co-lead counsel with the Miller Law Firm. Next, the cases will be joined in a consolidated amended complaint, which will be filed in early November, per Hagens Berman’s Chrysler Pacifica Hybrid Litigation team. Many class members have been notified of the availability of a recall fix for their affected Pacifica. The firm’s litigation team recommends that class members arrange to have this done when convenient and to take note of any performance issues following the recall work and reach out to the firm with any questions or concerns by email at [email protected].
Hagens Berman filed the initial complaint in this matter alleging Fiat Chrysler breached its warranties and its duty to provide owners of affected vehicles with defect-free cars that operate in the manner intended for a hybrid vehicle. The firm is continuing its investigation into whether Fiat Chrysler knew or should have known about the defective nature of the hybrid propulsion system before selling the Pacifica, and when it first learned of the serious risk of fire in these vehicles.
