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A federal judge will allow a BMW defective engine class action lawsuit to continue after the car manufacturer’s motion to dismiss.
U.S. District Judge Madeline Cox Arleo will allow plaintiff David Afzal to continue bringing several claims against defendant BMW based on allegations of a potentially catastrophic defect in the engines used in BMW M3 vehicles.
Judge Arleo dismissed the plaintiff’s claims based on theories of fraud and breach of implied warranty.
According to the judge, Afzal’s claims for breach of implied warranty fail because he is not the original purchaser of his BMW.
Under California law, an implied warranty can extend to the original purchaser, who is in “privity of contract” with the manufacturer, or to a person who qualifies as a third-party beneficiary of the sale.
Afzal’s pleadings fail to establish him as either of those things, the judge determined.
Afzal’s claims under the California Song-Beverly Act also fail, the judge said. That act provides for implied warranty protections that do not depend on contractual privity.
However, those protections do depend on whether the consumer purchased the goods at issue “at retail” – which Afzal’s pleadings do not allege, the judge found.
Judge Arleo also agreed with BMW’s argument that Afzal failed to plead allegations specific enough to lay out a claim based on fraud and fraud-related theories.
BMW pointed out that Afzal did not adequately allege that the company was aware of the defects at the time of sale.
Judge Arleo denied the rest of BMW’s motion for dismissal.
The BMW class action lawsuit will proceed on claims of breach of express warranty, breach of the implied covenant of good faith and fair dealing, and violations of the Magnuson-Moss Warranty Act.
Afzal will also have an opportunity to amend his dismissed claims.
Afzal filed this BMW class action lawsuit in November 2015. He alleged the BMW engines used in the M3, specifically the S65 engines, are built with a defect in their rotating assemblies that prevents the bearing surfaces from getting an adequate supply of oil, eventually leading to catastrophic engine failure.
He says in March 2015, while his BMW M3 was still under warranty, it started making knocking and rattling noises coming from within or below the engine.
Twice he was told by his BMW dealership that the noises resulted from “normal heat expansion.”
He brought the car to an independent BMW repair specialist, who he says discovered the engine’s connecting rod bearings were excessively worn, putting the engine in danger of “imminent and catastrophic failure.”
After Afzal amended his original complaint, BMW moved for dismissal this past March. Afzal responded in May, saying he adequately alleged that BMW either knew or should have known about the alleged defect in the rotating assembly.
Afzal is represented by attorneys Matthew D. Schelkopf and Joseph B. Kenney of McCuneWright LLP, Paul Scarlato of Goldman Scarlato & Penny PC, and Benjamin I. Siminou of Thorsnes Bartolotta McGuire LLP.
The BMW M3 Engine Defect Class Action Lawsuit is Afzal v. BMW of North America LLC, et al., Case No. 2:15-cv-08009, in the U.S. District Court for the District of New Jersey.
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11 thoughts onBMW Continues to Face Claims in Engine Defect Class Action
BMW knew long time ago that the 2001 m3
S65 engine was bad and did nothing about all the complaints Thur 2005 about this in z4 s and m3 s with these engine s in them .
And in 2005 they came out with a different lower end bearing and rod system but never fixed the old ones or reinbursed the people
Who spent their time and money to get it fixed like me 10 000 out of my own pocket
Now the crank cracked and it was almost of 65.000 and the car bmw has not payed any thing for this lost
I have a BMW 2013 X3. Timing chain went out, BMW Fixed it. However, they didn’t put the gasket seal on correctly and had a major oil leak. They fixed it, a month later my engine died.
They are willing to credit me the 4800. I spent on the timing chain on a new engine also BMW of North America is willing to give me 3,000. Towards a new engine or a different vehicle. So a new engine would still cost me 8000.
I live in Australia and have had catastrophic engine failure in my 2013 Mini Cooper D caused by the timing chain breaking. BMW have refused to repair or replace the engine because I am out of warranty (the car was less than 6 years old at the time it broke in 2019). I had the last two services completed at a non-BMW garage and my car has completed 187,000.00kms.
The value of the car at the time that it broke would have been $25,000.00 Australian dollars, and they only offered my $1,500.00 as a trade in ($500.00 initially).
I am preparing to Victorian Civil and Administrative Tribunal (VCAT) representing myself (I cannot afford a solicitor).
With the research that you did for the class action against BMW, did it point to this same design fault also being present in the Mini Cooper D 2013 models?
2008 BMW m3 California purchased .and suspected bearing issues car is babied with less than 40’000 miles .bthis needs to be rectified by BMW this is my fourth BMW and I am very disappointed in there lack of response to this issue.
I have a 2011 M3 and I have a ticking noise, have brought it up the attention of my dealership and they keep giving me the run around. When will bmw step up to the plate and realize it’s an issue. They know how to collect money, but when it’s come to give back it’s like pulling teeth with them jeez.
Wow that’s ridiculous the fact that we pay so much in vehicles and they’re not good. I’m having this same situation going on with mines and haven’t been able to drive her for two months now
Just bought My 08 e92 m3 at 60k and after reading all the news about the engine bearing issue and now I’m scared that my car will have the same issue one of these day… BMW need to recall this issue
BMW needs to be sued becuase they knew the 2001 thur 2013 had bad eng in them
My m3 eng is dead to and that is going to cost time and money clost to what i paid for my car to begin with fu bmw
I want to jump on the BMW M3 S65 engine bearing failure issue.
I have a 2011 (since new) M3 and I am concerned that my engine will fail.
2001 to 2013 bmw eng harmonic balancer on new engines but on the 2001 through the 2004 BMW s50 to engines the bottom and bearings rod bearings are bad and will destroy the motor they knew about it for years they got plenty complaint and never paid anyone for any of the problems that they had to pay out of pocket for as I say BMW is a great car but the way that they build them now trash