GM engine defect class action escapes dismissal

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Update:

• General Motors can’t escape most of the class action claims lodged by a Georgia resident who alleges the automaker made defective engines that put occupants at risk, a Georgia federal judge has ruled.
• In an order issued Aug. 30, U.S. District Court Judge William M. Ray II mostly denied a motion to dismiss lodged by General Motors LLC.
• GM argued that all claims brought by plaintiff Anthony Nalley should be thrown out because they are time-barred and insufficiently pleaded. 
• However Judge Ray said the issue of when the limitations periods began to toll is best settled by a jury, and struck only a claim for breach of express warranty.

GM engine oil consumption class action lawsuit overview:

• Why: The plaintiff claims GM knew about the oil issues in its Vortec 5300 Engines but failed to disclose the defect to customers.
• Who: A GMC Sierra owner sued General Motors.
• Where: The class action lawsuit is pending in Georgia federal court.

(10/12/2021)

A Georgia resident is suing General Motors (GM) over allegedly defective engines and deceptive trade practices that put occupants at risk. 

Anthony Nalley says he bought a new 2011 GMC Sierra equipped with a Generation IV Vortec 5300 Engine in March 2011. In 2015, after Nalley experienced an engine misfire in one of the cylinders and the check engine light, he was informed by a GM dealer that his GMC Sierra also had a fouled spark plug and an oil consumption problem. 

GM, however, denied the oil consumption repairs that Nalley requested. Nalley maintains that GM never notified him about an oil consumption issue with the engine in his car.

The defective Generation IV 5.3 Liter V8 Vortec 5300 LC9 engines affect select model year 2011-2014 Chevrolet and GMC Sierra, and other vehicles. Nalley represents himself and a state Class of people who bought or leased one or more of these Class Vehicles in the State of Georgia. 

The class action lawsuit accuses GM of deceptive trade practices, unfair business practices, breach of warranty, fraudulent concealment, and unjust enrichment. 

GM engines ‘engineered to fail’

The Generation IV Vortec 5300 Engine consumes an “abnormally and improperly high” quantity of oil that allegedly exceeds industry standards, according to court documents. This excessive oil consumption results in low oil levels, insufficient lubricity levels, and corresponding engine component damage.

The class action lawsuit points to several causes of the oil consumption defect. One, the GM engine’s piston rings fail to keep oil in the crankcase. Two, the active fuel management system overloads the oil sprayed onto the defective piston rings, which leads to excessive oil migration into combustion chambers where it is then burned. 

The oil migration fouls spark plugs no matter how often drivers top off their oil levels. Fouled spark plugs then lead to weakened or intermittent sparks or no spark at all, which triggers engine misfires and shutdowns. 

Further, GM’s Oil Life Monitoring System monitors engine conditions to calculate the recommended time for an oil change and does not advise drivers until oil levels are critically low, according to the complaint. This results in drivers traveling “thousands of miles with inadequate engine lubricity levels, wearing out and damaging moving internal engine components.”

GM knew about oil consumption engine issue

GM has known about the oil consumption defect and resulting damage as early as 2007, according to the complaint. A 2008 GM investigation supposedly concluded the piston rings were prematurely failing and causing excessive oil consumption and internal engine wear. However, GM did not disclose the defect to potential customers of the affected vehicles. 

Starting with some 2014 model vehicles, GM began implementing a Generation V Vortec 5300 engine which was redesigned to fix the excessive oil consumption of the Generation IV. GM has not offered relief to customers who own the defective Class Vehicles, according to the class action lawsuit. 

The class action lawsuit seeks actual and statutory damages, punitive damages, restitution, pre- and post-judgment interest and attorneys’ costs. 

Do you own a Chevrolet, GMC Sierra, or other vehicle with a Generation IV engine? How has it worked for you? Tell us in the comments below!

The plaintiff is represented by Benjamin R. Keen and H. Clay Barnett III of Beasley, Allen, Crow, Methvin, Portis & Miles P.C.

The GM Engines Oil Consumption Class Action Lawsuit is Nalley v. General Motors LLC, Case No. 1:21-cv-04174-WMR, in the U.S. District Court for the Northern District of Georgia Atlanta Division. 

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