PHILADELPHIA – A plaintiff alleges Fiat Chrysler Automobiles violated a number of commerce regulations when it sold him a new Dodge Ram truck with mechanical issues not able to be remedied after two repair attempts on the dealer’s part.
Marc David Kinnier of Kingsley filed suit in the Philadelphia County Court of Common Pleas on Oct. 11 versus FCA US, LLC of Auburn Hills, Mich.
On Aug. 18, 2016, the plaintiff purchased a new 2016 Ram 2500, manufactured and warranted by the defendant, and both purchased and registered in Pennsylvania. The price of the vehicle was in excess of $49,944.53, including registration charges, document fees, sales tax, finance and bank charges, but excluding other collateral charges not specified yet defined by the Lemon Law, the suit says.
Kinnier says he was provided a three-year, 36,000-mile warranty for the Ram, but learned the vehicle had mechanical difficulties, such as the vehicle shutting off while driving up a hill, a no-start condition, a defective engine, the air conditioner not working, a cracked fan shroud, inadequate tire pressure and a long crank time since replacing the engine.
Griffin added the defendant’s authorized dealer made two repair attempts to comply with its warranty and correct the aforementioned issues (with the first one lasting 37 days), but the attempts proved futile.
For alleged violation of the Magnuson-Moss Warranty Improvement Act and violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL), the plaintiff is seeking damages in an amount equal to the purchase price of the subject vehicle, collateral charges, incidental, consequential and treble damages, attorney’s fees and court costs, not in excess of $50,000.
The plaintiff is represented by Robert M. Silverman of Kimmel & Silverman, in Ambler.
Philadelphia County Court of Common Pleas case 171001214
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com