Mitsubishi Fuso Hit With Class Action Lawsuit over BlueTec Engine Defect

Mitsubishi Fuso Truck of America Inc. installed defective emissions control systems in some of its diesel powered trucks, according to a class action lawsuit filed Monday in New Jersey federal court.

Plaintiff Q+Food LLC, a Florida company in the business of selling and delivering seafood, filed the class action lawsuit, which alleges Mitsubishi Fuso’s BlueTec engines are equipped with a defective exhaust emission control system that can cause vehicles to malfunction. According to the class action lawsuit, the engines were designed to comply with the U.S. Environmental Protection Standards for on-highway diesel engines.

The Mitsubishi class action lawsuit alleges that Mitsubishi Fuso issued a press release in 2009 to announce that “its EPA 2010-emissions compliant commercial trucks will use engines equipped with BlueTec technology developed by Mitsubishi Fuso and Daimler AG. BlueTec is an emissions control technology that utilizes selective catalytic reduction (SCR) to reduce nitrogen oxide (NOx) emissions for clean, efficient operation.”

However, Q+Food alleges the BlueTec technology, when adapted and installed on diesel-powered, medium duty trucks, has caused the trucks to suffer from a number of issues, including the repeated failure of the diesel exhaust fluid handlers, the fluid injectors, the catalytic converter muffler, the engine protection system, lack of power and “numerous other problems that have caused the trucks to stall or not restart.”

“In short, all medium duty trucks with the BlueTec technology sold by Defendant have manifested a model-wide defect causing operational failures about which purchasers throughout the country have continuously complained,” the BlueTec engine defect class action lawsuit says. Q+Food claims that the defect has caused trucks equipped with the BlueTec technology to be inoperable for extended periods of time, costing their owners thousands of dollars in replacement vehicle costs, back-up trucking expenses and lost work.

Q+Food alleges that out of the 790 days it owned the Mitsubishi Fuso truck with BlueTec technology, it was out of service for at least 250 of those days. According to the engine defect class action lawsuit, this experience is not unusual.

The Mitsubishi class action lawsuit charges the car company with breach of warranty, breach of the duty of good faith and fair dealing, violations of the New Jersey Consumer Fraud Act, and declaratory relief under the Declaratory Judgment Act.

The plaintiffs are represented by Natalie Finkelman Bennett and James C. Shah of Shepherd Finkelman Miller & Shah LLP, Michael D. Donovan of Donovan Axler LLC and Robert W. Murphy.

The Mitsubishi BlueTec Engine Defect Class Action Lawsuit is Q+Food LLC v. Mitsubishi Fuso Truck of America Inc., Case No. 1:14-cv-06046, in the U.S. District Court for the District of New Jersey.

UPDATE: The Mitsubishi Fuso Truck Engine Defect Class Action Settlement is now open! Click here to file a claim!