A class-action oil consumption lawsuit that was filed against General Motors alleging oil burn-related issues with its Generation IV 5.3L Vortec V8 engines has been partially dismissed by a Washington judge.
This oil consumption lawsuit was filed by plaintiff Tim Nauman in the U.S. District Court for the Western District of Washington at Tacoma, according to Car Complaints. In it, Nauman alleges his 2011 Chevy Silverado consumes an excessive amount of oil due to a flawed piston ring design. The plaintiff also alleges GM was aware of the flawed engine design when it sold Nauman the truck, as it had previously received consumer complaints relating to the same issue and also issued a technical service bulletin in an attempt to remedy the problems.
Additionally, GM redesigned the 5.3-liter V8 engine used in its full-size trucks and SUVs after the 2014 model year, utilizing different piston rings. The plaintiff says the eventual redesign of the engine serves as further proof the automaker is aware the Generation IV engine is defective.
GM sought to have Nauman’s oil consumption lawsuit dismissed on the basis that did not breach its implied warranty. The language of GM’s policy only relates to issues regarding manufacturing and materials defects, but the oil consumption problem is an inherent design defect and therefore not covered by the warranty, it argued. The automaker also pointed out the plaintiff purchased his truck used from an independent dealer and not a certified GM dealer. Furthermore, GM said the plaintiff filed the suit too late after the time of purchase.
Judge Benjamin H. Settle said Nauman did not provide an adequate response to any of GM’s arguments and was therefore left with no choice but to partially dismiss the suit, Car Complaints reports.
While the suit was partially dismissed, Judge Settle also said Nauman is free to amend and re-file his claims due to the high number of consumer complaints regarding the Generation IV Vortec engines. In a statement, the judge said the volume of complaints regarding the affected engine and components “support a plausible inference under Rule 9(b)’s standards that GM had knowledge of the oil consumption defect.
“At the pleading stage, Plaintiff has alleged sufficient allegations to support a plausible inference of GM’s knowledge,” he ruled.