— BMW has asked a judge to dismiss a BMW M3 engine knocking lawsuit that alleges the M3 S65 engines have defective rotating assemblies that cause problems with the connecting rod bearings.
Plaintiff David Afzal filed the M3 engine lawsuit in 2015 after claiming metal debris from the connecting rod bearings can cause complete engine failure. The plaintiff says his 2001 BMW M3 experienced loud knocking noises from the rod bearings that eventually caused repairs costing $2,000.
Afzal says the M3 should have been repaired under warranty, but the dealer denied there was a problem, which left the plaintiff holding the bill.
BMW says although the plaintiff says he should have an implied warranty as a third-party beneficiary, BMW says other court cases show that a consumer buying a vehicle from a retailer is not in "privity" with the manufacturer. Additionally, the automaker says the plaintiff purchased the M3 from a private party, which makes the implied warranty claims baseless.
In the M3 lawsuit, Afzal claims BMW knew about the alleged connecting rod bearings because of complaints submitted to the government and due to the automaker sending technical service bulletins to dealers. The plaintiff says those bulletins prove BMW knew about the owner complaints and about the alleged defect, but the automaker says the argument fails.
BMW told the court just because the National Highway Traffic Safety Administration hears complaints from consumers, it doesn't automatically mean a defect exists. The automaker also argues that informing dealers about owner complaints through bulletins doesn't say anything about when BMW may have known about the alleged defect.
The automaker also says the case should be dismissed because the accusations made by the plaintiff are too broad. BMW says even after the plaintiff amended the lawsuit, the case should be thrown out because Afzal allegedly didn't give the automaker enough notice and the opportunity to repair the M3.
However, the plaintiff says the vehicle was taken to a BMW dealer twice while the warranty was still in effect, but both times the dealer denied coverage.
Afzal continues to insist M3 owners have been on the losing end because of BMW's neglect of the M3 engines and the automaker's refusal to repair the vehicles. The plaintiff says the M3 S65 engines typically fail near or shortly after the warranties expire, leaving owners with a huge bill or no vehicle to drive.
The M3 class-action lawsuit includes current and former owners and lessees for model years 2008-2013.
The BMW M3 engine knocking lawsuit was filed in the U.S. District Court for the District of New Jersey, Newark Division - Afzal v. BMW of North America.
The plaintiff is represented McCuneWright LLP, and Thorsnes Bartolotta McGuire.
