Brake Shift Interlock Lawsuit Against Chrysler

Summary of Suit Filed Against DaimlerChrysler:

On May 10, 2001, The Branch Law Firm filed a class action law suit against DaimlerChrysler Corporation and West Side Chrysler Plymouth (now Casa Chrysler Plymouth Jeep), on behalf of Douglas Oltmans, and all other New Mexico residents who purchased or leased a new minivan from DaimlerChrysler, and who continue to own or lease that minivan. These include the Dodge Caravan or Grand Caravan, the Plymouth Voyager or Grand Voyager, or the Chrysler Town and Country.

Count I of this class action lawsuit alleges negligence on the part of DaimlerChrysler for failing to exercise reasonable care in the design, manufacture, inspection, testing and distribution of these minivans knowing that they were not reasonably and adequately safe for use by the general public, specifically families with children. In addition, Count I alleges negligence on the part of DaimlerChrysler for failing to initiate a recall of these minivans after DaimlerChrysler knew or should have known about the safety defect, specifically, the absence of the brake shift interlock, even after DaimlerChrysler's own engineers recommended installation of this safety device.

Count II of this class action lawsuit alleges fraudulent concealment and false advertising on the part of DaimlerChrysler by intentionally concealing from purchasers of these minivans that they did not contain the brake shift interlock.

Count III of this class action lawsuit alleges breach of express warranty on the part of DaimlerChrysler in that they affirmatively represented as fact that their minivans were especially safe to use as a method of transportation for families and young children, and that these representations were relied upon by purchasers of these minivans. DaimlerChrysler failed to deliver minivans that conformed to their description of the vehicles as promised.

Count IV of this class action lawsuit alleges a violation of the New Mexico Unfair Practices Act on the part of DaimlerChrysler, and further alleges that DaimlerChrysler engaged in unconscionable trade practices by selling their vans to consumers at their detriment.

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