General Motors motion to dismiss a class-action lawsuit filed against it in district court in California has been rejected.
The national suit, initiated by attorney Bob Hilliard, claims the Bosch fuel pump used on certain Duramax diesel trucks and vans is prone to catastrophic failure, spreading metal debris within the vehicle’s fuel system and leaving the owner on the hook for thousands of dollars in damage.
“From the very first time as a brand new vehicle when the customer turns the key and starts the engine, the failure of the CP4 begins,” Hilliard’s suit claims. “Over time, it will slowly and surely burn up, starving the fuel system of lubricant. To intentionally sell a $40,000.00 vehicle knowing it will not only burn itself up from the inside out, tiny metal sliver by tiny metal sliver, and putting the $5,000.00–$10,000.00 cost of repair on the customer is just a new level of outrageous, even for this car company.”
This week, Honorable Judge Jon S. Tigar of the United States District Court for the Northern District of California overwhelmingly rejected GM’s motion to have the class action suit dismissed. Judge Tiger concluded that “the alleged defect is central to the vehicle’s function,” and therefore can be held responsible for any potential defects with the part.
Hilliard believes GM installed the defective fuel pump on purpose and always intended on claiming that it did not know of the problem when brought to court.
“(GM) intentionally installs a defective fuel pump knowing those pumps will fail, and takes the full purchase price from its own customers,” the attorney said. “It gets sued. It then comes into court, scratching its head, and mumbling, “What? Our fuel pump doesn’t work? Why, that’s just shocking!”
The apparent problem with the Bosch pump, known as CP4, is that it was designed for use with European diesel fuel and U.S. diesel fuel is not compatible with it. The suit claims the U.S. diesel fuel does not allow the pump to become properly lubricated, wearing it down and causing metal shavings to enter the vehicle’s fuel system.
The class-action suit includes the following vehicles:
- 2011-2016 Chevrolet Silverado 2500HD (6.6L V8 Duramax LML engine)
- 2011-2016 Chevrolet Silverado 3500HD (6.6L V8 Duramax LML)
- 2011-2016 GMC Sierra 2500HD (6.6L V8 Duramax LML)
- 2011-2016 GMC Sierra 3500HD (6.6L V8 Duramax Diesel Trucks LML)
- 2010-2011 Chevrolet Express (6.6L Duramax LGH engine)
- 2010-2011 GMC Savana (6.6L Duramax LGH engine)
- 2010-2011 GMC Sierra Chassis Cabs/Pickup Box Delete (6.6L Duramax LGH engine)
- 2011-2012 Chevrolet Silverado 2500HD and 3500 (6.6L V8 Duramax LGH engine)
- 2011-2012 GMC Sierra 2500HD and 3500 (6.6L V8 Duramax LGH engine)