— A Land Rover turbo failure lawsuit will continue as a federal judge ruled certain claims can move forward in court.
The class action lawsuit alleges Jaguar Land Rover knew the turbochargers would fail but failed to warn consumers.
The class action was filed to cover these Land Rover SUVs equipped with 2-liter 4-cylinder gasoline engines.
- 2012-2017 Land Rover Range Rover Evoque
- 2015-2017 Land Rover Discovery Sport
- 2013-2015 Land Rover LR2
The plaintiffs contend Land Rover "chose to use a turbocharger assembly that was inappropriate . . . less expensive . . . and utilized lighter, inferior and less durable materials.”
"“Defendants’ Turbocharger incorporates the turbocharger housing into the exhaust manifold as a single assembly” and “incorporates the Turbocharger further into the engine and power train than the typical turbocharger assembly, exposing it more directly to the operational extremes of the engine, and making Defendants’ design and materials choices insufficient to account for these extremes.” — Land Rover turbo failure lawsuit
According to the plaintiffs, a failed turbocharger will cause the Land Rover vehicle to lose power and the ability to accelerate.
Motion to Dismiss the Turbo Failure Lawsuit
The current lawsuit is the fourth lawsuit the judge has allowed, and in November 2021 the class action was dismissed. However, the judge allowed the plaintiffs to amend and refile their turbo failure lawsuit which was largely dismissed.
But the judge allowed two plaintiffs to continue with two of their claims.
The plaintiffs then filed their third amended lawsuit in January 2023 followed by this fourth amended turbo failure lawsuit.
And now Judge John Michael Vazquez will again allow the plaintiffs to file another amended turbo lawsuit, the fifth.
In a 31-page opinion, the judge granted Land Rover's motion to dismiss in part, and denied it in part.
According to the judge, the plaintiff's implied warranty, common law fraud and negligent misrepresentation claims are dismissed, but the plaintiff may "file an amended complaint that cures the deficiencies noted herein."
The Land Rover turbo failure lawsuit was filed in the U.S. District Court for the District of New Jersey: Bullard, et al., v. Jaguar Land Rover North America, LLC.
The plaintiffs are represented by Seeger Weiss LLP, and Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C.
