Kia, Hyundai Canada Class Action Alleges Engine Failure

Certain Hyundai and Kia vehicles equipped with Theta II 2.4 Liter 4-cylinder gas engines have defects that may cause catastrophic engine failures and car fires, according to a recent Canadian class action lawsuit.

Quebec resident and lead plaintiff Ludovic Pelletant says he purchased a 2012 Kia Sportage in 2012 that was equipped with a Theta II engine.

According to the plaintiff, the Kia Sportage recently completely shutdown while Pelletant was driving on a highway.

Pelletant says that when he took the vehicle in for repairs, and despite having a relatively low number of miles and getting regular oil changes, he was told the Sportage would need a whole new engine.

According to the Kia Canada class action, the vehicles impacted by this engine defect include 2011 through 2016 Hyundai Sonata vehicles, 2013 through 2016 Hyundai Santa Fe vehicles, 2011 through 2016 Kia Optima vehicles, 2012 through 2016 Kia Sportage vehicles, and the 2014 through 2016 Kia Sorrento vehicles.

The Theta II engine installed in the affected vehicles, according to the Kia, Hyundai Canada class action lawsuit, put new stresses on the lubrication systems. Specifically, says the complaint, “[t]he Theta II engines included a piston cooling jet attached to the main oil gallery on the Cylinder block that cools the piston by spraying a mist of engine oil onto each overhead piston. This feature also results in increased oil temperatures and contributes to more engine oil being atomized into the crankcase gases.”

The car makers did not account for the stresses of the new system, including clogging in the lubrication systems, claims the plaintiff, instead they touted the increased efficiency and lower emissions of the Theta II.

However, on Sept. 20, 2015, Kia and Hyundai issued a recall for 470,000 late model Sonata vehicles equipped with the Theta II. The recall was issued, according to the car makers, because of problems with engine noise and the check engine light turning on.

Further, notes the Hyundai Canada class action lawsuit, another recall affecting 1.4 million vehicles with the Theta II engine was issued by the car makers in April 2017. This recall was issued over failing and stalling caused by the engines.

On March 6, 2019, according to the plaintiff, the Canadian Broadcasting Company issued a report over concerns that the same Theta II engines subject to the recalls were continuing to suffer from stalling and other problems, including potential fires.

This is not the first class action lawsuit filed over the Theta II engines. A Hyundai, Kia class action lawsuit was filed in the United States earlier this year alleging that defects cause catastrophic failures in the engine.

The Kia, Hyundai Canada class action lawsuit claims that the Theta II engine is prone to clogging in the lubrication systems, causing “oil starvation.” “This results in insufficient lubrication throughout the Class Vehicle’s engine, which cause premature wear of the engine components and catastrophic engine failure,” states the complaint.

Kia and Hyundai allegedly knew of the Theta II engine defects, but failed to warn consumers. In fact, alleges the Kia, Hyundai Canada class action lawsuit, the car makers “intentionally” concealed the problem.

The Kia Canada class action lawsuit seeks to represent a Class of consumers from the province of Quebec who bought or leased one the of affected vehicles.

Has your Kia or Hyundai stalled or experienced engine failure? Tell us more in the comments!

The plaintiff is represented by Merchant Group LLP.

The Kia, Hyundai Canada Class Action Lawsuit is Pelletant v. Hyundai Auto Canada Corp., et al., Case No. 500-06-001013-198, in the Superior Court of Canada, Province of Quebec, District of Montreal.

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