Yet another class-action lawsuit related to the GM Generation IV Vortec 5300 V8 gasoline engine has been dismissed by a judge by ruling that there was no evidence of fraudulent concealment.
According to CarComplaints, the plaintiff, who bought a new 2013 Chevy Silverado equipped with the 5.3L LC9 V8 engine, alleged that GM knew these engines were defective sometime around 2008 or 2009 when the Detroit-based automaker began collecting engines from dealers. The lawsuit alleged that the oil consumption issues are caused by the location of the active fuel management oil pressure relief valve.
According to the plaintiff, his Silverado went into limp mode in 2015 following the illumination of the oil pressure light. The plaintiff then added 2.5 quarts of oil to the engine, while the dealership later said the oil looked fine following an oil change. The lawsuit alleged that the oil light went off when the truck had roughly 100,000 miles, while the dealer said the truck needed an upgraded valve cover to help with oil consumption. The plaintiff filed the lawsuit following this assertion.
Judge Lisa Godbey Wood dismissed the lawsuit on the grounds that the plaintiff failed to provide evidence of fraudulent concealment by GM.
According to Judge Wood, the plaintiff must prove “that defendant deliberately and actively concealed the material facts for the purpose of inducing him to delay filing this action.” Additionally, “plaintiff has not presented evidence to show that GM’s technicians’ diagnoses were false or misleading or intended to conceal a defect. Nor has he submitted evidence as to how GM’s technicians prevented him from discovering his claims.”
This dismissal is the latest in long list of lawsuits filed against GM related to the 5.3L LC9 engine. Multiple judges have dismissed class-action lawsuits in Virginia, Wisconsin, Missouri, and Ohio, as well as partially dismissed a case in Washington. Only a lawsuit in Oklahoma has been allowed to proceed.