Another of the many lawsuits directed at GM over alleged excessive oil consumption by the GM Generation IVÂ 5.3L V8 Vortec 5300 LC9 gasoline engine has been dismissed, this time by the U.S. District Court for the District of Colorado.
Judge Charlotte N. Sweeney dismissed the Vortec case, Car Complaints reports, based on one of two arguments presented in a motion by GM’s lawyers, which pointed out the question was technical enough to require expert opinion.
GM argued that the Vortec lawsuit should be dismissed because Colorado law imposes a three-year statute of limitations. Judge Sweeney rejected this argument for dismissal, remarking “there is a genuine fact dispute over whether GM fraudulently concealed the alleged Oil Consumption Defect.” For this reason, she said “the Court declines to grant summary judgment on statute of limitation grounds.”
However, GM had a second argument for dismissal lined up, stating that expert testimony was needed in the case because the jurors wouldn’t be able to understand the technical issues involved. The judge concurred with the automaker, stating that the alleged Vortec engine defect “is at least as technical as other issues where courts have determined that expert testimony is required” and therefore dismissing the case.
The plaintiff, Roy White, claimed defective piston rings in the Vortec V8 engine of his 2011 GMC Sierra truck caused it to consume too much oil and inflicted damage on the engine. With law firms DiCello Levitt Gutzler LLC, and Beasley, Allen, Crow, Methvin, Portis and Miles, P.C. representing White, the lawsuit resembles many others brought against The General across the country over the past few years.
The vehicles included in the class action lawsuit – which applies to units bought or leased in Colorado – are as follows:
- 2011 through 2014 Chevrolet Avalanche
- 2011 through 2014 Chevrolet Silverado
- 2011 through 2014 Chevrolet Suburban
- 2011 through 2014 Chevrolet Tahoe
- 2011 through 2014 GMC Sierra
- 2011 through 2014 GMC Yukon
- 2011 through 2014 GMC Yukon XL
A nearly-identical Vortec lawsuit was dismissed last year in Georgia, while a second was dismissed on statute of limitation grounds in Alabama during October 2023. A Virginia suit was ended in a similar manner even earlier, while several other lawsuits are still moving forward.
Comments
Why do all these lawsuits keep getting dismissed?
Seems strange to me.
Simple! they do because its greedy lawyers. Frivolous lawsuit. There is no oil burning issue unless you do not change your oil and abuse the engine. The lawyers think they can sue a large company to get money. I am glad this decision was made.
Owners of other brands all change their oil religiously. Like the mid 80’s Audi’s it’s the owner not the machine. It’s always the owner.