Jeep Renegade
Case Type: | Lemon Law New Car Purchase | |
Case: | Annitto-Grassi, Tricia v. FCA US LLC | |
Date: | March 20, 2017 | |
Plaintiff Attorney(s): | Anthony T. Ballato, Esq., Massapequa, NY | |
Defendant Attorney(s): | Rose Waldorf, PLLC Attn: Carmel A. Joseph, Claims Manager | |
Facts: | On September 8, 2015, claimant Tricia Annitto-Grassi purchased a new 2015 Jeep Renegade from Browns of Bellport, Inc. d/b/a Brown’s Chrysler Dodge Jeep. On January 22, 2017 claimant brought the vehicle in for service for several recalls. Claimant alleges that service four wheel drive warning in dash light was on and that she heard a grinding. Claimant alleges that the vehicle hesitates on acceleration from a stop. Claimant alleges that the check traction light, the 4X4 light came on and a high pitch noise is coming from right side when in reverse. The claimant alleges that the vehicle keeps losing power when turning and sometimes the vehicle will not response from the gas pedal. The vehicle keeps idling then finally responds. Claimant alleges that the Traction control light came on and the engine stalled. Claimant alleges that the vehicle stalls intermittently in the morning while backing up and that the accelerator is intermittently unresponsive then the vehicle lurches forward. | |
Injury: | When the technician tested the car he heard the loud clunk noise. The technician performed a software update for drive train control module. The technician test drove the vehicle and confirmed the hesitation when taking off from a rolling stop, delayed down shift causing hesitation, no flash updates available, no available service bulletins, reset adaptive values for transmission through TCM. An extensive relearn drive cycle was performed. Shifting improved. A 16 point vehicle check was performed to check the idling of the vehicle from very low and very high. A powertrain control module software update was performed. The HVAC was flashed. A flash to the ABS control module and a software update to the antilock brake system was performed. The technician removed the valve body to inspect the transmission range sensor and found the TSR and circuit wires pinched together. The transmission range sensor was replaced. After it was replaced it would not communicate through Witech. The harness was replaced due to a faulty TCM module. A software update was performed on the radio. A drive cycle was performed and the technician found that the shift module would not come out of park and the vehicle would not turn on or off. It would not recognize park. Each time it was selected it would read on Witech no selection active. The key lock status would read disabled. The center console was removed so they could get to the connector #D6635A. Found out two wires were touching each other. After repairing the wires the key status was still disabled. A faulty ESM was found. After the ESM was replaced the vehicle was able to be parked and turned off. | |
Verdict: | After numerous attempts to fix the vehicle and over eighty three (83) days out of service, the claimant hired Anthony Ballato, Esq. to represent her. Mr. Ballato sent a demand letter to FCA US LLC demanding the Manufacturer repurchase the vehicle. After extended negotiating and emails with Carmel A. Joseph, Claims Manager for Rose Waldorf, PLLC, the Manufacturer’s attorney, the case was settled. The Manufacturer repurchased the vehicle in the amount of $24,415.22, including legal fees in the amount of $1,500.00. |
Anthony T. Ballato, Esq. on Auto Fraud and NY Lemon Law Part 1 and 2
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