Another class-action oil burn lawsuit filed against General Motors has been dismissed by a judge over lack of standing.
The plaintiff behind this lawsuit claimed his 2013 Chevy Silverado “consumes an excessive amount of oil and that it has done so since at least as early as November 2016,” as quoted by Car Complaints. Like other similar oil burn lawsuits filed against GM, the plaintiff claims the piston rings fail to keep oil in the crankcase. This can lead to low oil levels, which can cause high heat and friction levels in the engine and potentially damage the engine internals.
This suit also claims GM was aware of the above-mentioned defects when it sold vehicles equipped with the Generation IV Vortec 5300 V8 engine and actively worked to conceal the problems. Furthermore, the plaintiff alleges GM made false or misleading statements regarding the reliability of the Vortec engines.
Judge James P. Jones dismissed the lawsuit this week on the grounds the plaintiff failed to prove the excessive oil consumption is related to faulty piston rings. The suit alleges the plaintiff’s truck has faulty rings on the basis that it exhibits similar conditions to vehicles with this condition, including excessive oil consumption, but this wasn’t enough to convince the judge the problem was related to faulty piston rings. The judge also noted the plaintiff did not take the vehicle to a dealership to perform an excessive oil consumption test.
“Since Sproles has failed to allege a defect in his vehicle, he has no injury in fact to support any of his claims,” the judge ruled. “But Sproles has simply alleged that his vehicle may contain a defect. This speculative or hypothetical injury cannot support any of his claims.”
The plaintiff in this case has been granted leave to amend the lawsuit. We’ll provide an update on this class action proceeding if the plaintiff follows through with this option.
This is one in a number of lawsuits that have been filed against GM in recent months alleging certain gasoline internal combustion engines burn excessive amounts of oil. Another similar lawsuit was allowed to proceed by an Oregon judge in July after GM’s motion to dismiss the claim was dismissed, while separate suit alleging oil burn issues with the Vortec V8 engine was dismissed by a Wisconsin judge in May.