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Ziegelmann v. DaimlerChrysler Corporation8/15/2002
AFFIRMED.
[ ] Terry Ziegelmann, on behalf of himself and all those similarly situated, appealed from a judgment dismissing with prejudice his putative class action lawsuit against DaimlerChrysler Corporation for failure to state a claim upon which relief can be granted. Because Ziegelmann has not pled a legally cognizable injury, we conclude the trial court did not err in dismissing the complaint. We therefore affirm.
I.
[ ] In July 2001, Ziegelmann brought this action on behalf of himself and a purported class of North Dakota owners of model year 1991 through 2000 vehicles manufactured by DaimlerChrysler and its predecessor, Chrysler Corporation, that were equipped with automatic transmissions lacking a park-brake interlock device. A park-brake interlock, also known as a brake-shift interlock, prevents the movement of the transmission from the "park" position to any other gear unless the driver presses the brake pedal. Ziegelmann alleged that, since the early 1990s, "the use of the park-brake interlock has been an industry standard used in almost all vehicles that compete with Chrysler's minivans," and DaimlerChrysler "promotes its vehicles on the basis of safety and emphasizes that goes beyond government minimum safety requirements to ensure that the best available safety devises are used to protect its customers." Ziegelmann alleged DaimlerChrysler "engaged in a pattern and practice of advertising, marketing and promoting its vehicles, as containing state-of-the-art, current, up-to-date safety features," and it intentionally failed to disclose to consumers that its vehicles did not contain the brake-shift interlock device and fraudulently concealed this fact from himself and other members of the class. Ziegelmann alleged "the absence of the park-shift interlock constituted a material safety risk and a defect which posed risk of substantial personal injury or death to foreseeable users of the vehicles."
[ ] Ziegelmann's first claim for relief was based on "negligence." He asserted DaimlerChrysler failed to "exercise reasonable care in the design, manufacture, inspection, testing and distribution" of the vehicles; designed, manufactured and distributed vehicles that "were not reasonably and adequately safe"; failed to warn about the absence of the brake-shift interlock; failed to make reasonable inspection to correct the defect; and fraudulently concealed the lack of a brake-shift interlock. Ziegelmann's second claim for relief was based on "fraudulent concealment." He asserted DaimlerChrysler advertised, marketed and promoted its vehicles as containing "state-of-the-art, current, up-to-date safety features, including all safety features reasonably necessary to make them safe, suitable and proper vehicles for their intended use," but that the lack of a brake-shift interlock was contrary to these representations. Ziegelmann sought as damages for he and the members of the class
the (a) diminution in value of their vehicles due to the unsafe, defective and non-merchantable condition of their vehicles, (b) the cost of remedial measures to cure the defect, and (c) compensation for the reasonable rental value of a replacement vehicle during repair of each vehicle.
However, Ziegelmann "expressly disclaim any intent to seek in this suit any recovery for personal injuries or property damages that have been suffered or that may be suffered by any class member proximately caused by the absence of" a brake-shift interlock device. Ziegelmann did not allege his automatic transmission had malfunctioned, but claimed the absence of the brake-shift interlock device "poses an unreasonable danger to foreseeable users and a substantial compromise to the s
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