— A cracked Jeep windshield lawsuit will continue in court after a judge dismissed several claims but ruled that plaintiffs can change and refile the class-action lawsuit.
The cracked windshield lawsuit involves Jeep Gladiator and Jeep Wrangler SUVs from 2016 to present, which are allegedly dangerous to drive due to shattered, cracked and broken windshields.
Jeep owners claim that a small stone can cause a huge crack in the windshield, or sometimes the windshield will break for no reason.
In addition to gravel damage, the lawsuit alleges that using the defroster can also cause windshield cracks. One plaintiff even claimed that his Jeep’s windshield shattered after being bitten by a mosquito.
Jeep owners say they are forced to pay hundreds of dollars to repair cracked or shattered windshields even if their insurance covers the damage, given that most policies have deductibles.
Driver visibility issues are said to be a safety hazard and the damaged windshield affects the Jeep’s structural integrity.
Plaintiffs argued that Chrysler’s “written warranty was procedurally and substantively unreasonable” and “was offered on a ‘take it or leave it’ basis, without any input from the consumer, in a ‘boilerplate’ printed form, and was oppressive and surprising.”
Motion to dismiss Jeep cracked windshield lawsuit
Judge Jamel K. Semper dismissed several of the lawsuits, particularly the state law allegations, but the judge dismissed them without prejudice, giving the plaintiffs a chance to amend their lawsuits.
Several state law claims were dismissed after the plaintiffs argued they “did online research before purchasing the vehicle.”
But Judge Semper found those arguments unconvincing.
“Plaintiffs have failed to identify any statement or information attributable to FCA that would have resulted in an actionable misrepresentation or omission constituting unlawful conduct.”
In another case where the plaintiff had looked up his vehicle online, the judge ruled that the plaintiff “had not allege any facts indicating an unfair practice or deceptive conduct, but rather had made conclusory allegations.”
Judge after judge has dismissed lawsuits filed under state law, but plaintiffs have had better success in other lawsuits, such as those based on vehicles the plaintiffs do not own or lease.
FCA argued that the plaintiffs lacked standing to bring claims against the vehicles, while the plaintiffs claimed that dismissal of the lawsuit on that basis was premature.
Judge Semper found that all vehicles had identical windshields that were allegedly susceptible to breaking, and that all vehicles were Jeeps. Furthermore, all claims were against the same defendant (FCA), and therefore plaintiff had standing to bring the claim on behalf of all Jeep purchasers.
However, the judge said that at the class action certification stage, the burden is on the plaintiffs to prove that the case is appropriate to be filed as a class action.
The class action lawsuit over cracked Jeep windshields was filed by these customers.
Jacob Reinkraut / New Jersey / 2016 Jeep Wrangler
Matthew Chapman / Florida / 2021 Jeep Gladiator
Sari Medina / California / 2021 Jeep Wrangler
JT Willcutt / Washington / 2021 Jeep Gladiator
Robert Zager / Utah / 2021 Jeep Wrangler 4xe
Robert Secor / Virginia / 2020 Jeep Wrangler
John and Laura Kotos / Indiana / 2016 Jeep Wrangler
Maurice Wilson / Texas / 2023 Jeep Gladiator
Kevin Morris / Maryland / 2023 Jeep Grand Cherokee
Anthony Solimando / New Jersey / 2020 Jeep Wrangler
The Jeep cracked windshield lawsuit has been filed in the U.S. District Court for the District of New Jersey: Reinkraut et al. v. FCA US LLC.
The plaintiffs are represented by Nagel Rice, LLP and Joseph Santoli, Esq.
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