General Motors 5.3L Vortec V8 Class Action Lawsuit In Oregon Allowed To Continue

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.

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Sam loves to write and has a passion for auto racing, karting and performance driving of all types.

Sam McEachern

Sam loves to write and has a passion for auto racing, karting and performance driving of all types.

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  • Pretty sad when have to stoop to the good build of a bad design defense to screw your customers.

  • I drove one for 8 years, never had an issue with oil. It's all how you drive it. My Ford escape burned more oil.

    • Got one right now, 196k on the motor. Burns 1 quart every 5000k. That’s to be exspected at its age. I’ve towed on road and off-road extensively. Great motor. A little shy on power by today’s standards. This is what happens when you let your sales and legal team define problems with your products instead of the engineers. There’s no design defect with this motor. Just poor oil and maintenance.

      • Jake I’m sorry to say that I have a 5.3 liter v8 that has an oil consumption issue since about 24-25k miles started simply enough about one quart per 2500 miles I change my oil every 3000 miles due to the fact I live in the city and drive about 1100 miles a month my current oil consumption rate is about one quart per 800 miles I’m a automotive technician and use the correct oil and change regularly. Glad you got one of the good ones

    • NATHANIEL PRIOLEAU HELLO Joseph. While it may be true that you were the owner of a Successful GM Vehicle most of the Customers that are complaining are honest about there problems.I have bought a New 2015 Silverado 1500 L/S with the 4.3 Vortex engine and I had to add 1 quart from the very beginning at about 2000 miles into the oil change I find that this is very destriving for a $30.000 Vehicle!

  • GM should stand behind it's products they know there valve cover for the pvc was flawed otherwise they wouldn't of redesigned it.
    Instead they hide behind lawyers and warranty language to rip off there customers. I personally know several people with this issue ,the once most reliable engines are gone.
    Not to mention 2.4 oil burning,3.6 timing chain issues and 5.3 oil burning

    • Joe I'm right with you on the 5 3's, the 2.4 in 3.6 timing chain problems. I love my GM's but they don't stand behind the product. I had owned a used car business with a repair shop and we had purchased g m vehicles with the above engines. It's a shame that took 6 and 7-year-old vehicles with 120,000 mi on them are going to have the timing chains jump it's an interference motor so that bangs the valves on top of the pistons. If GM could see their customers crying with tears running because they have three to four years worth of payments left and they want $2,900 to fix the motor. GM says their 5W-30 synthetic oil to be used and oil changes every 4,000 mi. But that was a message only sent to the GM stores and not to the public. So if you follow your owner's manual you can definitely get yourself in trouble. And getting your oil changed at Walmart or some of the fast lube places may have jeopardized your motor.

      • Robert, I started buying Gmc trucks in 2002, never had a problem with any of them till I bought my 13, yes it uses a quart of oil between oil changes, I've changed my oil religiously every 3 thousand miles and babied my truck, had lifters collapsed on it at 130 thousand miles, I rebuilt the engine my self and it run smoother than it ever has, I still own it, but I will never buy another gm product again... Bought a new F-150 this time, so don't tell me it's the way you drive or maintain it....bad product....

  • gM has no issues with suing Ford or anyone else.
    But is sad their customers have to sue gM to replace a poorly designed product.

    This is why “ we earn customers for life” only exists in fantasy land Mary Barra.

  • I AN 76 YRS OLD HAVE DRIVEN GM CARS AND TRUCKS ALL MY LIFE WITH VERY LITTLE TROUBLE. THE KEY TO A CAR OR TRUCK IS TO TAKE CARE OF THE MAINTENANCE ON TIME. SOME PEOPLE WON'T DO THE MAINTENANCE AND THEN CRY WHEN THEY HAVE TROUBLE.

    • Most of these oil burning issues is a manufacturing defect in properly machining the block and or ring design. I have seen it with Chrysler minivans as well. When you see a whole series of these complaints, it has nothing to do with how you drive it or maintenance. While it is true that you can hurt an engine by not changing the oil. You can tell that's not the case when you get a group of very specific engines that do this. I'd bet that a quick ball hone and a new set of rings would solve the problem.

    • My hypothesis for which I have been body slammed on this site is that the engine families developed in the decade preceding the 2008 collapse are not great designs. New GM keeps trying to polish the 5.3 3.6 etc to keep from investing in better engines but they are polishing a turd. I will be interested to see if the newer motors such as 2.7L and 3.0L diesel are better. I certainly hope so

      • Hell no. The 5.3/6.2 are still the best V8 out there. Ask anyone who has tried to work on the 5.0. No better gas mileage, only better power past 4000rpm, and if you have any problem at all, even reaching spark plugs or a sensor is impossible as its massive DOHC design makes it almost the size of a duramax. There is a reason why fords new 7.3 is a pushrod.

        I agree that the 5.3 is due for an upgrade, but the reason is hasn’t gotten one is beacause what is its competition? The HEMI? Tuned for 89, not regular 87 and Dynos reveal a 20HP drop on 87 at the wheels!
        Fords 5.0 or 2.7? The 5.0 is priced higher, and makes less power down low. Really it’s more of a comparison with the 6.2 where it looses. The 2.7? Way more complex engine, know to having long term reliability issues and in terms of fuel economy, real life results are not any better than the 5.3.

        Why change? That said, I do hope for some updates here soon.

      • Sometimes a polished turd shines better than a fresh turd...since all man made engines and products in general fail many while most succeed...5.7 is the oldest turd on the planet and baby does it still shine..A combustion engine does not need to change displacement or basic block and head design to excel..Actual data suggests you can continue to update and create more efficiency working from a base line...
        To start from scratch is where I have experienced the biggest fails...
        My extensive 5.3 data has been great so until that changes me fine..
        Difference between a recession and depression..
        Recession is when your friends lose their jobs..
        Depression when you lose yours..
        Last info is free..
        Your welco.e and thank you..

    • My 2012 is perfectly maintained it will go through 3 quarts in 3k miles fouling pugs 1 and 7 constantly. This problem is due to poor design of the AFM.

  • I drove a 2012 Sierra 1500 and started having oil pressure issues and had to change my oil pump at 164 000 KM which was crazy for a truck and the only explanation I got from the GM dealership was that I just got a bad part. 6 months later the check engine light came on again and same codes for oil pump and oil pressure sensor and all they did was clear the codes and use thicker oil. After that I was done with GM and its sad because I enjoyed driving my truck.

    • NATHANIEL PRIOLEAU HELLO Joseph. While it may be true that you were the owner of a Successful GM Vehicle most of the Customers that are complaining are honest about there problems.I have bought a New 2015 Silverado 1500 L/S with the 4.3 Vortex engine and I had to add 1 quart from the very beginning at about 2000 miles into the oil change I find that this is very destriving for a $30.000 Vehicle!

  • I had a 5.3 in a 2007 Silverado and put 96,000 on it with no oil usage issues. This story did take me back to my first truck, a new 1975 Chevy Cheyenne with a 350. It burned a quart of oil every 1000 miles right from the start. Dealer told me in was “normal”. It kept getting worse and at 20,000 miles I was using a quart of 20W 50 Cam 2 racing oil every 700 miles. The truck didn’t smoke, the truck didn’t leak a drop. The dealer said there was nothing they could do. I start calling GM in Detroit and asking for the CEO. Of course I couldn’t talk to him, but I kept calling and finally got to some Vice President. He listened to my story and asked me who my dealer was and said he would look into it. A week later my dealer calls and asks me to come by. The service manager took me and showed me a crate and told me it was my new engine. He told me GM wanted my engine back for testing and they were ready to install my new one under warranty. They did, it never used oil, and had many years of good service from the truck.

  • GM is owned by China so now you need an oil pump and a vaccine because they spread a virus to kill you and not too sure about the vaccine either it seems to do more harm at the rate they're pushing it it's killing people as well wake up country men

    • It`s morons like you spreading mis-information about the vaccine. If more people would get the vaccine we wouldn`t be in this vulnerable position we are in now! Get vaccinated NOW please. The delta variant is on it`s way.

      • Alright Butch, if getting the vaccine is so important to the wellbeing of the country then explain to me why our illustrious so called President is distributing UNVACCINATED illegals many with COVID all over the country but citizens are expected to comply with the CDC’s demands.
        I own a 2007 Yukon XL did regular oil changes, the lifters failed, had them replaced before damaging the cam, 40,000 miles later same thing only this time damaging the engine to the point of having to replace it. 30,000 miles later lifters failed again, this time had regular lifters, new cam installed and the active fuel management deleted. 275,000 miles now without anymore problems and no noticeable difference in fuel economy. This leads us back to we the people paying the price for government demands. Thanks EPA.

  • There also seems to be a developing issue with faulty lifters on the 5.3l L84 engines in the 2021 Yukon's. Keep an eye on this. I took delivery of an AT4 in January and fortunately have not had any issues.

    • GM has stated that 5.3 and 6.2L built between Sept 2020 and March 2021 could have a bad batch of lifters from their supplier. It is a known issue and the replacement parts are updated parts. The problem is that parts on usually in short supply and on back order most of the time. It can take a month to get them. Usually people are seeing the issue before they hit 10,000 miles, many are under 5000 miles. So either GM changed suppliers during 2020 or the supplier changed their quality without advising GM, as the 2019's and first half of 2020 engines don't have the issue.

    • New engines have Dynamic skip fire. They have normal lifters right out of old school pushrods. DSF has new trick rocker arms with a “gun trigger” design in them that allows the rocker to push the valves or fold like an accordion. You need new standard lifters. That’s a supplier issue. New L84 engines cannot develop “collapsed lifters” like older AFM engines can. Just lifter tick.

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