From the 2003 through the 2006 model years, Defendant Jaguar Land Rover North America LLC (“Land Rover”) sold Range Rover sport utility vehicles equipped with defective Delphi electronic air suspension systems that develop cracks in the rubber air bellows used in those systems.
As alleged, the defect—which can manifest at any time, at any speed, and under any driving condition—causes a loss of air pressure in the suspension system that renders Vehicles suddenly unable to travel in a straight line (the “Air Suspension Defect”), which poses a serious risk of injury and death. In addition to sudden and unexpected breakdowns that can force Class Vehicles to be stranded in the road, the Air Suspension Defect can cause the driver to lose control while the vehicle is in motion.
Plaintiff, who owns a 2006 Range Rover, is informed and believes that Land Rover knew or should have known about the Air Suspension Defect since at least as early as 2003. Plaintiff is informed that, in or about August 2006 after conducting its own internal investigation, Land Rover quietly acknowledged the existence of the defect in a Technical Service Bulletin (“TSB”) in which it concedes that these vehicles “may develop hairline cracks in the rubber material of the front air spring. The cracks are likely located at the point where the air spring rolls over the plastic base.”
Contrary to its obligations under clearly-established law, Land Rover sold these Vehicles to unsuspecting consumers without notifying them that the Air Suspension Defect even existed, much less offer to repair the resulting problems without cost to the owner if the problem manifested itself outside of the Class Vehicles’ limited 4year/50,000 mile warranty, as Land Rover knew it would. Consequently, Plaintiff and members of the proposed class have been—and continue to be—exposed to a serious safety hazard and continue to bear the cost of repairs necessitated by the Air Suspension Defect on their own.
Plaintiff brings this action on behalf of himself and all other individuals who owned or leased a Class Vehicle for the purpose of requiring Land Rover to (1) notify all members of the proposed class of the nature and impact of the Air Suspension Defect, (2) reimburse proposed class members who have paid to fix the Air Suspension Defect, and (3) repair the Air Suspension Defect free of charge for those proposed class members who have yet to experience the defect, and for compensatory, statutory, and punitive damages.