— A GM oil consumption lawsuit which alleges 5.3-liter V8 Vortec 5300 engines are defective has been dismissed by an Ohio federal judge.
According to the GM oil consumption class action lawsuit, the owner of a 2011 Chevy Silverado claims the Vortec engines consume an “abnormally and improperly high” quantity of oil in these models.
- 2010-2014 Chevrolet Avalanche
- 2010-2012 Chevrolet Colorado
- 2010-2013 Chevrolet Express
- 2010-2013 Chevrolet Silverado
- 2010-2014 Chevrolet Suburban
- 2010-2014 Chevrolet Tahoe
- 2010-2013 GMC Canyon
- 2010-2013 GMC Savana
- 2010-2013 GMC Sierra
- 2010-2014 GMC Yukon
- 2010-2014 GMC Yukon XL
The alleged oil consumption causes low oil levels, insufficient lubricity and engine damage due to piston rings which don't maintain enough tension to keep oil in the crankcase. In addition, the plaintiff alleges the oil life monitoring systems make the problem worse.
The plaintiff also alleges GM was aware of the oil consumption defect in the 5.3L engines and failed to disclose it to consumers before they purchased the vehicles.
However, even though he sued for millions of dollars for oil consumption problems, the plaintiff does not allege that his Silverado experienced any excessive oil consumption problems. He also does not allege his vehicle suffered any damage due to excessive oil consumption.
General Motors filed a motion to dismiss the lawsuit and the judge quickly went to work by dismissing the nationwide class allegation.
The plaintiff lacks standing to maintain nationwide class claims because “named plaintiffs lack standing to assert claims under the laws of the states in which they do not reside or in which they suffered no injury.”
The judge moved on to a breach of warranty claim where GM argued the plaintiff couldn't state a claim for breach of express warranty because the alleged oil consumption defect is a design defect that is not covered by GM’s limited warranty.
According to GM, the alleged oil consumption defect is a design defect because the lawsuit says it is “an inherent defect” in the vehicles. The judge agreed and found the warranty doesn't cover design defects.
The judge also dismissed a breach of implied warranty claim after GM said the plaintiff owned his vehicle more than eight years and didn't allege he experienced any problems that interfered with his ability to drive his Silverado.
According to the judge:
"To maintain a breach of implied warranty in tort claim, the plaintiff 'must allege that (1) a defect existed in a defendant’s product that made it unfit for its ordinary, intended use; (2) the defect existed at the time the product left the defendant’s possession; and (3) the defect was the proximate cause of the plaintiff’s injuries.'”
The judge ruled that although the plaintiff alleges the oil consumption defect poses a safety risk to occupants, he does not allege that his vehicle suffered any excessive oil consumption issues or otherwise required repairs for excessive oil consumption during the eight years that he has owned his vehicle.
Additionally, he doesn't allege his Silverado suffered any serious engine problems.
With the dismissal of warranty claims, the judge ruled the Magnuson-Moss Warranty Act claim must be dismissed.
Judge Solomon Oliver, Jr., also went on to dismiss remaining claims for fraudulent omission, unjust enrichment and an alleged violation of the Ohio Consumer Sales Protection Act.
The GM oil consumption lawsuit was filed in the U.S. District Court for the Northern District of Ohio, Cleveland Division - Szep, et al., v. General Motors LLC.
The plaintiff is represented by DiCello Levitt Gutzler.
