A class-action lawsuit filed against General Motors in Oregon has been allowed to continue through the courts after GM’s motion to dismiss the claim was denied.
The American automaker had a class-action lawsuit filed against it in the U.S. District Court for the District of Oregon, Portland Division in February of 2020. The plaintiff in the suit, William Martell, alleges the 5.3L LC9 V8 engine in the 2011 Chevy Silverado pickup he purchased new in 2011 has various issues related to excessive oil consumption. The suit is nearly identical to numerous other class action proceedings filed against GM in recent years, which allege certain engines in the 5.3L Vortec V8 engine family have several issues that cause them to burn oil at a higher than usual rate.
According to Car Complaints, Judge Michael H. Simon denied GM’s request to have the Oregon class action suit thrown out last week. GM had attempted to a warranty breach claim dismissed as the suit apparently did not mention any engine defects that would be covered by the automaker’s express warranty. The automaker’s express warranty coverage only applies to manufacturing defects, and GM has in the past successfully argued that the oil consumption defect is related to the Vortec V8 engine’s design and not a manufacturing defect or faulty component. The judge denied GM’s claim this time after scrutinizing the language in its implied warranty for “about 10 pages,” Car Complaints reports.
The judge also dismissed other motions filed by GM to have the suit thrown out, which were related to a claim of fraudulent concealment and a claim under the Oregon Unlawful Trade Practices Act.
GM has had several class-action lawsuits filed against it over alleged oil consumption issues with the Vortec V8 engine. The majority of these suits have been dismissed by judges, including a nationwide class action suit filed in Ohio in 2019.